Abuse of a Dominant Position
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IPPT20200130, CJEU, Generics v Competition and Markets Authority
An abuse of a dominant position occurs where a dominant undertaking which holds a process patent for the manufacture of an active ingredient belonging to the public domain adopts the strategy of entering into a series of settlement agreements, either pre-emptively or after instituting legal proceedings to challenge the validity of that patent, the effect of which is at least to temporarily exclude from the market potential competitors manufacturers of generic medicinal products containing that active ingredient, to the extent that that strategy is liable to restrict competition and, more specifically, to produce exclusionary effects which go beyond the anti-competitive effects inherent in each of the settlement agreements which contribute to it, a matter which it is for the referring court to verify.
2018
IPPT20180419, CJEU, Meo v Autoridade da Concorrencia
Interpretation concept of “competetive disadvantage” (subparagraph (c) of the second paragraph of Article 102 TFEU) where a dominant undertaking applies discriminatory prices to trade partners on the downstream market, it covers a situation in which that behaviour is capable of distorting competition between those trade partners. Finding of “competitive disadvantage” does not require proof of actual quantifiable detoriation in the competitive situation but must be based on an analysis of all the relevant circumstances of the case leading to the conclusion that that behaviour has an effect on the costs, profits or any other relevant interest of one or more of those partners, so that that conduct is such as to affect that situation.
2015
IPPT20150716, CJEU, Huawei v ZTE
FRAND-patent holder does not abuse a dominant position to pursue infringement proceedings if he alerted the alleged infringer of the infringement, presented a specific, written offer for a licence on FRAND terms and the infringers continues to use the patent in question. Not prohibited for holder patent on FRAND terms in a dominant position to bring an action against the alleged infringer and seek the rendering of accounts or an award of damages in respect of those acts of use.
2014
Indication of abuse of dominant position if collecting society imposes fees which are appreciably higher than those charged in other Member States, or imposes prices which are excessive in relation to the economic value of the service provided
2012
IPPT20120712, CJEU, Compass-Datenbank v Republik Osterreich
No economic activity public authority by acting on statutory obligations; no undertaking (abuse of dominant position)
2010
IPPT20100701, GCEU, AstraZeneca
the Commission applied Article 82 EC correctly in taking the view that the submission to the patent offices of objectively misleading representations by an undertaking in a dominant position which are of such a nature as to lead those offices to grant it SPCs to which it is not entitled or to which it is entitled for a shorter period, thus resulting in a restriction or elimination of competition, constituted an abuse of that position. The question whether those representations were objectively misleading must be assessed in the light of the specific circumstances and context of each individual case.
2009
IPPT20090716, ECJ, Der Grüne Punkt
Abuse dominant position by requiring payment of a fee for all packaging put into circulation in Germany, even if there is no use of the DGP system
IPPT20090423, ECJ, AEPI v Commission
The concept of serious impediments to the proper functioning of the common market may constitute one of the criteria for evaluating whether there is sufficient Community interest to necessitate the investigation of a complaint. The effect on trade between Member States thus serves as a criterion to define the scope of Community competition law.
IPPT20090326, ECJ, Selex v Commission - Eurocontrol
The acquisition of prototypes and the related management of intellectual property rights does not make that activity an economic one, since the acquisition did not involve the offer of goods or services on a given market. Eurocontrol granted licences at no cost, which indicated that the management of intellectual property rights was not an economic activity.
2008
IPPT20081211, ECJ, Kanal 5 and TV 4 v STIM
Abuse of a dominant position by copyright management organisation: A remuneration model according to which the amount of the royalties corresponds to the use is not abuse of a dominant position. Using a different remuneration model for commercial companies and public service undertakings is abuse of a dominant position.
An undertaking which, in order to put a stop to parallel exports carried out by certain wholesalers, refuses to meet ordinary orders from those whole-salers, is abusing its dominant position.
2004
Three conditions for abuse by refusal to grant a licence (a) to offer new products or services not offered by the owner (b) not justified by objective considerations and (c) to reserve the market by eliminating all competition.
1998
The refusal, by a press undertaking which holds a very large share of the market in a Member State and operates the only nationwide newspaper home-delivery scheme, to allow the publisher of a rival newspaper, to have access to that scheme for appropriate remuneration does not constitute abuse of a dominant position.
1995
Abuse of a dominant position: RTE and ITP, as the agent of ITV, enjoy, along with the BBC, a de facto monopoly over the information used to compile listings for television programmes. There is no actual or potential substitute, appellants prevent the appearance of a new product without a jusitification for the refusal and appel-lants reserved to themselves tehe secondary market of weekly television guides by excluding all competition on that market.
1988
IPPT19881005, ECJ, Maxicar v Renault
Exercise design law not precluded by free move-ment of goods. Abuse of a dominant position: the mere fact of obtaining protective rights in re-spect of ornamental designs for car bodywork com-ponents does not constitute an abuse of a dominant position within the meaning of Article 86 of the Treaty.
IPPT19881005, ECJ, Volvo v Veng
Refusal to license not in itself abuse of a dominant position. an obligation imposed upon the proprietor of a protected design to grant to third parties, even in return for a reasonable royalty, a licence for the supply of products incorporating the design would lead to the proprietor thereof being deprived of the substance of his exclusive right
1980
IPPT19800911, ECJ, L'Oreal v AMCK
A selective distribution system based on criteria for admission, which go beyond a mere objective selection of a qualitative nature, is probably incompatible with article 85 (1). A decision to grant exemption gives rise to rights in the sense that parties to an agreement which has been the subject of such a decision may rely on that decision against third parties who claim that the agreement is void on the basis of article 85 (2).
