In European law, "abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States. Such abuse may, in particular, consist in: (a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; (b) limiting production, markets or technical development to the prejudice of consumers; (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts" (art. 102 TFUE).
Resulting from a market force, the abuse of a dominant position is subject to injunctions and penalties imposed by the Competition Authority (art. 464-2 of the Commercial Code). It may also be the subject of proceedings in the civil courts following a claim for unfair competition. The criminal courts may also sentence any private individual who has taken a personal and determining role in the design, organisation or implementation of practices falling within the scope of article L. 420-2 (L.420-6 of the Commercial Code). A regime applicable by way of exception is nevertheless provided for at art. L. 420-4 of the Commercial Code, which applies in particular in the event of abuse of a dominant position.
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