Keywords
Summary

Keywords

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COMPETITION - DOMINANT POSITION - CONCEPT - EXPLOITATION - ABUSE

( EEC TREATY, ARTICLE 86 )

Summary

WHEN COMBINED WITH THE FREEDOM OF THE MANUFACTURER OR ITS AUTHORIZED AGENT APPOINTED BY THE PUBLIC AUTHORITY TO FIX THE PRICE FOR ITS SERVICE, THE DELEGATION BY A MEMBER STATE TO SUCH PERSON IN THE FORM OF A LEGAL MONOPOLY OF THE DUTY GOVERNED BY PUBLIC LAW WHICH CONSISTS IN CARRYING OUT THE TECHNICAL INSPECTION OF VEHICLES BEFORE THEY ARE USED ON THE PUBLIC HIGHWAY, LEADS TO THE CREATION OF A DOMINANT POSITION .

THE ABUSE OF SUCH A POSITION MAY BE, INTER ALIA, IN THE IMPOSITION OF A PRICE WHICH IS EXCESSIVE IN RELATION TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED, AND WHICH HAS THE EFFECT OF CURBING PARALLEL IMPORTS BY NEUTRALIZING THE POSSIBLY MORE FAVOURABLE PRICE LEVELS APPLYING IN OTHER SALES AREAS IN THE COMMUNITY OR BY LEADING TO UNFAIR TRADING IN THE SENSE OF ARTICLE 86 ( 2 ) ( A ).