Abuse of the Dominant Position and Abuse of Superior Bargaining Position in Romanian Legislation

Abstract

In the present study, following an examination of legal provisions in the field of competition regarding acts that can generate at least an imbalance within the natural competition of any free market, I begin by presenting general aspects related to two such acts: the abuse of a dominant position and the exploitation of superior bargaining power. This presentation is followed by an analysis of the legal similarities and differences between these two forms of market abuse, which undertakings may resort to either individually or collectively, as the case may be