Abuse of dominant position by Port du Havre

Conseil de la concurrence decision (43 pages in French, PDF) finding that the port authority in Le Havre has abused its dominant position by engaging in anti-competitive practices to exclude an independent coal handling agent from operating at the port.

The decision discusses the boundaries between competition law and administrative law in France, finding inadmissible the part of the complaint that related to the contract between the port authority and its main bulk storage contractor operating under a 50-year concession. But both the port authority and the storage concessionaire are found guilty of price squeeze and discrimination abuses, including by reference to some of the charges levied by the port authority for use of its facilities which were set by commercial negotiation rather than administrative decision. The concessionaire and one of its main (minority) shareholders are also found guilty of an anti-competitive agreement.

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, Article 82, Conseil de la concurrence, France.

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