Abuzul de poziție dominantă și practicile anticoncurențiale. Rabatul comercial
The abuse of dominant position and anti-competitive practices. The trade rebate

Summary/Abstract: In the context of changes in the hierarchy of undertakings on the market, it is possible for new dominant leaders to emerge, which will require them to comply with the legal and commercial obligations implied by the new status. For that matter, any competition is based on a set of rules that all competitors have to abide by in order to grant an equal chance to each participant of finishing first place. Nonetheless, in this fierce battle, there are some participants who, led by the desire to be first-ranked, sabotage their fellow-competitors and cheat, breaking the rules of the game. In this context, anti-competition regulation emerges, justified by the necessity for a referee to disqualify the cheats and to reestablish the equilibrium of the game, generating a genuine set of legal instruments aimed at insuring compliance with the rules of competition, including sanctions applicable to the entities breaching these provisions to the detriment of the other competitors, as well as of the consumers. The authors’ aim in this working paper is to approach, in general terms, the abuse of dominant position, and, in particular, the use of rebates as anti-competitive behaviour.

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