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Penalty Clauses in Exclusive Contracts and Abuse of Dominant PositionIgnacio Marin GarciaUniversitat Pompeu Fabra Carlos Alberto Ruiz GarcíaUniversitat Pompeu Fabra - Department of Law July 17, 2009 InDret, Vol. 3, 2009 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.
Number of Pages in PDF File: 14 Keywords: penalty clauses, exclusive contracts, competition law, abuse of dominant position Accepted Paper SeriesDate posted: July 29, 2009Suggested Citation |
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