Abuse of dominant position

Article 2 of the Competition Act 15/2007 prohibits abuse by one or more companies of their dominant position.

Dominant position means a situation in which one company is able to behave relatively independently in the market without taking suppliers, customers or competitors into account.

Examples of abuse of dominant position are imposing prices or other unfair trading conditions, the unjustified refusal to satisfy demands for purchase of products or provision of services, and subordinating the conclusion of contracts to the acceptance of supplementary obligations unrelated to the subject matter of the contracts.

Merely holding a dominant position is not prohibited by Spanish legislation, as it could be the result of good business performance. What the law sanctions is abuse of such position aimed at restricting free competition by weakening competitors, blocking entry by new companies or applying unfair terms to customers or suppliers.