Dentons

International Top 30 position: 4

A dominant company cannot disparage its competitor: a case of the biter bit

In a decision rendered on 24 July 2014, the French Competition Authority imposed a €1.7m (£1.35m) fine on Société Nouvelle des Yaourts de Littée (SNYL) on the grounds that it had abused its dominant position on the market of ultra-fresh products in the French West Indies by making disparaging comments concerning the dairy products of one of its closest competitors, Laiterie de Saint-Malo.

What is worth noting in this case is that the investigation was launched after SNYL complained to the DGCCRF (French General Directorate for Competition, Consumer Affairs and Fraud Control) that its competitor Malo did not comply with certain applicable regulations…

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