Article 102: Abuse of A Dominant Position - Element 2: Dominance - Stage 1 - Relevant Geographical Market

7 important questions on Article 102: Abuse of A Dominant Position - Element 2: Dominance - Stage 1 - Relevant Geographical Market

United Brands Co v Commission (case 27/76)

The RGM is the one in which the 'objective conditions of competition are the same for all traders'. Objective conditions:
  • cost and ease of transportation
  • purchasing behaviour and preferences of customers
  • geographical limitations of use of good or service

AKZO Chemie BV decision

The Commission suggested, in certain circumstances, the whole of the Union territory may constitute the RGM.

British Leyland plc v Commission

A service is only needed within one particular state, hence, the state will represent the RGM.
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Decision 88/518 Napier Brown-British Sugar

Whole UK = RGM

Cases C241-242/91P RTE v CM (Magill case)

Ireland and Northern Ireland = RGM

United Brands Co v Commission

In order to ascertain whether a particular territory is large enough to amount to a substantial part of the market,
  • the pattern and volume of the production and
  • consumption of the product
  • as well as the habits and economic opportunities of vendors and purchasers
must be considered.

B&I/Sealink [1992] CMLR 255

The Commission decided that a port or airport, even if not itself a substantial part of the EU, may be considered such insofar as reasonable access to the facility is indispensable for the exploitation of a transport route which is substantial for the purposes of Article 102.

Sealink's action as port authority in Holyhead in altering its own ferry times, thereby limiting access to the port by B&I's ships, was found to be in breach of Article 102.

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