LexInter | March 8, 2003 | 0 Comments

THE COMPANY AND ITS COMPETITORS

Relations between the company and its competitors are governed by market law. The company in its search for customers must respect the rules of competition resulting from the legislative rules concerning competition law, codified in the Commercial Code, and those developed by case law concerning unfair competition . It cannot get along with its competitors through illegal agreements , engage in illegal practices and abuse a possible dominant position , and it must respect loyalty in its commercial relations.

FREEDOM OF COMPETITION

The principle is that of freedom of competition   case law on freedom of competition     affirms this freedom within the limits resulting in particular from the requirement of fair competition.

The legislative provisions concerning the freedom of prices put an end to the price control measures, but predatory pricing is subject to competition law and abuse in pricing under the law of sale.

THE COMPANY AND THE FAIRNESS OF COMPETITION

The jurisprudential rules concerning unfair competition aim to ensure honest uses of trade. The company must seek to conquer customers and not to divert those of its competitors . It must not engage in parasitic competition , create confusion in the minds of customers by slavishly imitating the products and services of its competitors or by counterfeiting,  denigrate its competitors or seek to disorganize them   by poaching their employees.

THE COMPANY AND THE PROTECTION OF COMPETITION

Competition law is governed at the national level by the provisions of the Commercial Code on competition . In French law, the objective of competition law is first of all to protect competitors, and not the consumer.

CUSTOMERS AND COMPETITION

THE COMPANY AND THE MARKET

    RELEVANT PRODUCTS AND MARKET

the criteria for defining the relevant market in which the company is positioned

    MARKET POWER

        the power of the company in the market      

AGREEMENTS

    the prohibition of cartels which targets agreements between companies     

ABUSE OF A DOMINANT POSITION

the prohibition of abuse of a dominant position which targets the fact that one or more companies abuse a dominant position

PROTECTION OF ASSETS AGAINST COMPETITION

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