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" Articles 85 and 86, it follows that an undertaking which has a dominant position in the market in raw materials and which, with the object of reserving such raw material for manufacturing its own derivatives, refuses to supply a customer, which is itself... "
Handbook of Research in Trans-Atlantic Antitrust - 249. lappuse
laboja - 2008 - 800 lapas
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The Telecoms Trade War: The United States, the European Union and the World ...

Mark Naftel, Lawrence J Spiwak - 2000 - 526 lapas
...facilities test, except for the gloss as to nondiscrimination. The actual judgment stated that: "it follows that an undertaking which has a dominant position...the part of this customer, is abusing its dominant position within the meaning of Article [82]. "129 Likewise, in United Brands v. Commission,130 a discontinuance...
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Competition Law and Regulation in European Telecommunications

Pierre Larouche - 2000 - 505 lapas
...3(g)] of the Treaty and set out in greater detail in Articles 85 and 86 [now 81 and 82], it follows that an undertaking which has a dominant position...the part of this customer, is abusing its dominant position within the meaning of Article 86 [now 82]. It must be noted that Commercial Solvents was not...
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European Competition Law Annual 1998: Regulating Communications Markets

Claus-Dieter Ehlermann - 2000 - 853 lapas
...ECJ developed in the Commercial Solvents line of cases13. In Commercial Solvents, the Court had held that: an undertaking which has a dominant position...in the market in raw materials and which, with the objective of reserving such raw material for manufacturing its own derivatives, refuses to supply a...
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Communications in EU Law : Antitrust Market Power and Public Interest

Antonio Bavasso - 2003 - 450 lapas
...monopolist. This emerges in clear terms in the test adopted by the Court in Commercial Solvents where it stated that "an undertaking which has a dominant position...the part of this customer, is abusing its dominant position within the meaning of Article 86 [now Article 82]". 46 However, the ECJ also introduced some...
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Text, Cases and Materials on European Union Law

John Tillotson, Nigel Foster - 2003 - 697 lapas
...expressed in Article 3(f ) of the Treaty and set out in greater detail in Articles 85 and 86, it follows that an undertaking which has a dominant position...supply a customer, which is itself a manufacturer of those derivatives, and therefore risks eliminating all competition on the part of this customer, is...
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European Competition Law: A Practitioner's Guide

Lennart Ritter, W. David Braun - 2004 - 1248 lapas
...sole or a dominant source of supplies of a product. In the Commercial Solvents case, the Court held that '... an undertaking which has a dominant position...the part of this customer, is abusing its dominant position within the meaning of Article 82. '287 Exclusionary abuses involve direct or indirect injury...
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EC and UK Competition Law: Commentary, Cases and Materials

Maher M. Dabbah - 2004 - 792 lapas
...in Article [3(g)[ of the Treaty and set out in greater detail in Articles [81 l and [82l, it follows that an undertaking which has a dominant position...the part of this customer, is abusing its dominant position within the meaning of Article [82l. ln this context it does not matter that the undertaking...
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EU Competition Law and Regulation in the Converging Telecommunications ...

Nikos Th Nikolinakos - 2006 - 722 lapas
...3(f) of the Treaty and set out in greater detail in Articles 85 and 86 [now 81 and 82], it follows that an undertaking which has a dominant position...the part of this customer, is abusing its dominant position within the meaning of Article 86 [now 82]', ibid., para. 25. 15 United Brands v. Commission,...
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The EC Competition Law on Technology Licensing

Frank L. Fine - 2006 - 328 lapas
...which has a dominant position in the market for raw materials and which, with the object of preserving such raw material for manufacturing its own derivatives,...these derivatives, and therefore risks eliminating all 52 See, eg Pate, "Antitrust and Intellectual Property," (speech before the American Intellectual Property...
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EC Electronic Communications and Competition Law

Mira Burri Nenova, Mira Burri - 2007 - 396 lapas
...supra note 16, at p. 664. 184 The court stated that, "an undertaking which has a dominant position on the market in raw materials and which, with the object...the part of this customer, is abusing its dominant position within the meaning of Article 86 [now 82 EC]". See Cases 6 and 7/73 Commercial Solvents Corp...
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