Very often companies must deal with other companies whose
behavior does not conform to fairness from the point of view of the
protection of competition.
We are asked to assist a client to bring proceedings against the
company in order to have a declaration and a condemnation, for
having abused of its dominant position in the market for the sale
of a particular product; the first thing to assess is that a
"dominant" position does not represent per se an
anti-juridical circumstance. What the legislator (both European and
Italian) admonishes, in fact, is the exploitation of the position
itself.
Pursuant to article 3 of Italian law no. 287 of 1990, about
abuse of a dominant position, when the abuse determines a
prejudice to trade between several EU member states, the
Authority applies Community legislation, article 102 of the Treaty
on the Functioning of the European Union.
