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A company has a dominant position if, in the market in which it operates, it has the ability to behave relatively independently, without taking into account its suppliers, customers, or competitors.
The Competition Defense Law prohibits the abusive exploitation by one or more companies of their dominant position.
Examples of abusive exploitation of a dominant position are:

  • Imposing unfair prices or other commercial conditions
  • Unjustifiably refusing to meet demands for the purchase of products or the provision of services
  • Making the conclusion of contracts conditional on the acceptance of obligations unrelated to the contract

When the CNMC imposes sanctions

Acts of unfair competition are judged and sanctioned by commercial court judges. At the CNMC, we can sanction those cases in which an unfair act affects the public interest protected by the Competition Defense Law (LDC), because it seriously disrupts the structure or competitive functioning of the market.

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