Competition Law
LexInter | December 4, 2001 | 0 Comments

Competition Law

The competition law has two facets. One is to limit the excesses of competition while the other is to promote the development of competition and protect it.

The aim of combating excessive competition is to maintain a balanced character based on loyalty. The rules on unfair competition are based on praetorian rules, developed in the 19th century and sanctioning abuses. In France, case law is endorsed by article 1382 of the Civil Code . It punishes the abuses of the freedom of enterprise, the excesses in the conquest and the preservation of customers.

The fight against infringements of competition aims to suppress anti-competitive practices. The aim is to fight against agreements between companies to limit the competition that they might have between them or to prevent competition from third-party companies. It is also a matter of combating business concentrations which manage to paralyze competition and allow abuses of a dominant position . This competition law has developed through legislation. It materialized in France by the ordinance of December 1, 1986 relating to freedom of prices and competition, now codified in Book IV of the Commercial Code. This competition law is also a fundamental element of Community law as a factor in the creation of a single market.

 

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