Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

A Member of the Law Professor Blogs Network

Friday, September 11, 2009

Penalty Clauses in Exclusive Contracts and Abuse of Dominant Position

Posted by D. Daniel Sokol

Ignacio Marin Garcia, Universitat Pompeu Fabra and Carlos Alberto Ruiz García, Universitat Pompeu Fabra - Department of Law describe Penalty Clauses in Exclusive Contracts and Abuse of Dominant Position.

ABSTRACT: This paper analyzes the Spanish National Competition Commission Decision of May 19, 2009, which fines 'Abertis' for abuse of dominant position. The abusive practice consisted in imposing excessive penalty clauses in contracts with national television channels. Penalty clauses in exclusive contracts may have effects on competition, either positive or negative. However, the National Competition Commission forgets the formers and therefore concludes that those clauses are anticompetitive.

http://lawprofessors.typepad.com/antitrustprof_blog/2009/09/penalty-clauses-in-exclusive-contracts-and-abuse-of-dominant-position.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0120a5ad20c8970c

Listed below are links to weblogs that reference Penalty Clauses in Exclusive Contracts and Abuse of Dominant Position:

Comments

Post a comment