Keywords
Summary

Keywords

1 . COMPETITION - DOMINANT POSITION - POSITION RESULTING FROM PROVISIONS LAID DOWN BY LAW - APPLICATION OF ARTICLE 86 OF THE TREATY

( EEC TREATY , ART . 86 )

2 . COMPETITION - DOMINANT POSITION - ABUSE - CASE WHERE AN UNDERTAKING HOLDING A DOMINANT POSITION RESERVES TO ITSELF AN ACTIVITY WHICH MIGHT BE CARRIED OUT BY ANOTHER UNDERTAKING

( EEC TREATY , ART . 86 )

Summary

1 . ARTICLE 86 OF THE EEC TREATY APPLIES TO AN UNDERTAKING HOLDING A DOMINANT POSITION ON A PARTICULAR MARKET , EVEN WHERE THAT POSITION IS DUE NOT TO THE ACTIVITY OF THE UNDERTAKING ITSELF BUT TO THE FACT THAT BY REASON OF PROVISIONS LAID DOWN BY LAW THERE CAN BE NO COMPETITION OR ONLY VERY LIMITED COMPETITION ON THAT MARKET .

2 . AN ABUSE WITHIN THE MEANING OF ARTICLE 86 IS COMMITTED WHERE , WITHOUT ANY OBJECTIVE NECESSITY , AN UNDERTAKING HOLDING A DOMINANT POSITION ON A PARTICULAR MARKET RESERVES TO ITSELF OR TO AN UNDERTAKING BELONGING TO THE SAME GROUP AN ANCILLARY ACTIVITY WHICH MIGHT BE CARRIED OUT BY ANOTHER UNDERTAKING AS PART OF ITS ACTIVITIES ON A NEIGHBOURING BUT SEPARATE MARKET , WITH THE POSSIBILITY OF ELIMINATING ALL COMPETITION FROM SUCH UNDERTAKING .