Penalty Clauses in Exclusive Contracts and Abuse of Dominant Position
Ignacio Marin Garcia
Universitat Pompeu Fabra
Carlos Alberto Ruiz García
Universitat Pompeu Fabra - Department of Law
July 17, 2009
InDret, Vol. 3, 2009
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 positionAccepted Paper Series
Date posted: July 29, 2009
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