47 A SPECIAL "SME" GUIDE The guide also provides SMEs with the keys to help them identify situations in The Autorité wishes to make competition which they may unwittingly find them- law accessible to all companies, in parti- selves as victims of anticompetitive prac- cular SMEs, which do not always have a tices and, where appropriate, be in a legal service or the internal resources to position to lodge a complaint by mobili- make their employees aware of this issue. sing competition law to their benefit. For All companies, regardless of their size, are example, libellous practices, denial of subject to the same rules of competition. access to critical infrastructure or pre- In the event of an infringement, SMEs, like datory pricing may constitute forms of any other company, are therefore exposed abuse of a dominant position that may to financial penalties, which can be high. hinder the business development of an It is therefore essential that they know SME, or marginalise it. An SME may also and understand the rules to which they be denied access to a new market due to Guide intended for SMEs featuring are subject. a collective boycott by established com- all the competition rules (bilingual petitors. It may also be the victim of a version FR/EN) The Autorité has therefore made a guide cartel on the intermediate products it pur- available, entirely dedicated to them, in the chases, which increases its production form of an online section. cost and undermines its competitiveness. The objective is threefold: This guide has been drawn up on the basis • explain the competition rules in order to of the Autorité’s work (analysis of infrin- raise awareness among SMEs to prevent gements committed by sanctioned SMEs) infringements, in particular through negli- and consultation with the representative gence or ignorance of the rules of the professional bodies (MEDEF, CGPME). The game; new online section is made up of down- • help them take action when they have loadable practical sheets and educatio- committed an infringement; nal videos. It is also available on request • provide guidance to them when they are in printed format. victims of anticompetitive practices. Through examples taken from the daily lives of companies, this guide explains in a concrete and instructive manner what constitutes cartel practices - whether between competitors or between a sup- plier and its distributors - and what abuse of a dominant position means. It demarcates the red lines that cannot be crossed and the "poor excuses" that companies cannot hide behind to avoid taking responsibility. Finally, it explains in an accessible way the various procedures that can be applied when an SME has committed an infringe- ment. Online SME section, available on the Autorité de la concurrence’s website REINVENTING OUR MEANS OF ACTION