Article 102: Abuse of A Dominant Position - Element 3 - Abuse - Exploitative Abuse
3 important questions on Article 102: Abuse of A Dominant Position - Element 3 - Abuse - Exploitative Abuse
United Brands Co v Commission (case 27/76) provides examples of a number of such abuses:
- unfair pricing
- unfair trading conditions
- discriminatory treatment/price discrimination
United Brands Co v Commission
According to the Commission, UB was charging excessively high prices for its branded bananas. The Court agreed with the Commission on the matter of principle. An excessive price was defined by the Court as one which bears no reasonable relation to the economic value of the product.
British Leyland plc v Commission
The fees charged for the type-approval certificates for left-hand drive cars were found to be excessive and discriminatory.
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