Keywords
Summary

Keywords

1 . COMPETITION - DOMINANT POSITION - ABUSE - EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA - INCIDENCE ON THE STRUCTURE OF COMPETITION IN THE COMMON MARKET

( EEC TREATY , ART . 86 )

2 . COMPETITION - DOMINANT POSITION - ABUSE - ASSOCIATION EXPLOITING COPYRIGHTS - PERFORMANCE IN NON-MEMBER COUNTRIES OF CONTRACTS ENTERED INTO ON THE TERRITORY OF A MEMBER STATE - APPLICABILITY OF COMMUNITY PROVISIONS - CONDITIONS

( EEC TREATY , ART . 86 )

Summary

1 . IN DECIDING WHETHER TRADE BETWEEN MEMBER STATES MAY BE AFFECTED BY THE ABUSE OF A DOMINANT POSITION IN THE MARKET IN QUESTION IT IS NECESSARY TO TAKE INTO CONSIDERATION THE CONSEQUENCES FOR THE EFFECTIVE COMPETITIVE STRUCTURE IN THE COMMON MARKET . IN THIS MATTER THERE IS NO REASON TO DISTINGUISH BETWEEN PRODUCTION INTENDED FOR SALE WITHIN THE COMMON MARKET AND THAT INTENDED FOR EXPORT . THAT INTERPRETATION ALSO APPLIES MUTATIS MUTANDIS TO THE PROVISION OF SERVICES SUCH AS THE MANAGEMENT OF COPYRIGHTS .

2 . WHERE AN ASSOCIATION EXPLOITING COMPOSERS ' COPYRIGHTS IS TO BE REGARDED AS AN UNDERTAKING ABUSING A DOMINANT POSITION WITHIN THE COMMON MARKET OR IN A SUBSTANTIAL PART OF IT , THE FACT THAT SUCH ABUSE , IN CERTAIN CASES , RELATES ONLY TO THE PERFORMANCE IN NON-MEMBER COUNTRIES OF CONTRACTS ENTERED INTO ON THE TERRITORY OF A MEMBER STATE BY PARTIES WITHIN THE JURISDICTION OF THAT STATE DOES NOT PRECLUDE THE APPLICATION OF ARTICLE 86 OF THE TREATY .