14 Pages Posted: 29 Jul 2009
Date Written: July 17, 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.
Keywords: penalty clauses, exclusive contracts, competition law, abuse of dominant position
Suggested Citation: Suggested Citation
Marin Garcia, Ignacio and Ruiz García, Carlos Alberto, Penalty Clauses in Exclusive Contracts and Abuse of Dominant Position (July 17, 2009). InDret, Vol. 3, 2009. Available at SSRN: https://ssrn.com/abstract=1440232