Odbor kompatibility s právem ES
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61973J0006
Název:
Title: 		JUDGMENT OF THE COURT OF 6 MARCH 1974. ISTITUTO CHEMIOTERAPICO ITALIANO SPA AND COMMERCIAL SOLVENTS CORPORATION V COMMISSION OF THE EUROPEAN COMMUNITIES. JOINED CASES 6 AND 7-73.
Publikace:
Publication:		REPORTS OF CASES 1974 PAGES 0223 - 0261
Předmět (klíčová slova):
Keywords		COMPETITION;RULES APPLYING TO UNDERTAKINGS;DOMINANT POSITION;
Související předpisy:
Corresponding acts:		372D0457;372D0457
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. THE DOMINANT POSITION WITHIN A MARKET IN RAW MATERIAL INTENDED FOR THE MANUFACTURE OF A PRODUCT IS NOT DIMINISHED BY THE EXISTENCE OF OTHER POTENTIAL MANUFACTURING PROCESSES OF AN EXPERIMENTAL NATURE OR PRACTISED ON A SMALL SCALE.

2. AN ABUSE OF A DOMINANT POSITION WITHIN THE MARKET IN RAW MATERIALS MAY HAVE EFFECTS RESTRICTING COMPETITION IN THE MARKET ON WHICH DERIVATIVES ARE SOLD, AND THESE EFFECTS MUST BE TAKEN INTO ACCOUNT IN CONSIDERING THE EFFECTS OF AN INFRINGEMENT, EVEN IF THE MARKET FOR THE DERIVATIVES DOES NOT CONSTITUTE A SELF-CONTAINED MARKET. 3. AN UNDERTAKING WHICH HAS A DOMINANT POSITION WITHIN THE MARKET IN RAW MATERIALS AND WHICH, WITH THE OBJECT OF RESERVING SUCH RAW MATERIALS FOR MANUFACTURING ITS OWN DERIVATIVES, REFUSES TO SUPPLY A CUSTOMER, WHICH IS ITSELF A MANUFACTURER OF THESE DERIVATIVES, AND THEREFORE RISKS ELIMINATING ALL COMPETITION ON THE PART OF THIS CUSTOMER, IS ABUSING ITS DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86.

4. THE PROHIBITION ON ABUSE OF A DOMINANT POSITION, INSOFAR AS IT MAY AFFECT TRADE BETWEEN MEMBER STATES, IS INTENDED TO DEFINE THE SPHERE OF APPLICATION OF COMMUNITY RULES IN RELATION TO NATIONAL LAWS. IT CANNOT THEREFORE BE INTERPRETED AS LIMITING THE FIELD OF APPLICATION OF THE PROHIBITION WHICH IT CONTAINS TO COMMERCIAL AND INDUSTRIAL ACTIVITIES SUPPLYING THE MEMBER STATES.

5. THE PROHIBITIONS OF ARTICLES 85 AND 86 MUST BE INTERPRETED AND APPLIED IN THE LIGHT OF ARTICLE 3 (F) OF THE TREATY, WHICH PROVIDES THAT THE ACTIVITIES OF THE COMMUNITY SHALL INCLUDE THE INSTITUTION OF A SYSTEM ENSURING THAT COMPETITION IN THE COMMON MARKET IS NOT DISTORTED, AND ARTICLE 2 OF THE TREATY, WHICH GIVES THE COMMUNITY THE TASK OF PROMOTING THROUGHOUT THE COMMUNITY HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES.

6. BY PROHIBITING THE ABUSE OF A DOMINANT POSITION WITHIN THE MARKET INSOFAR AS IT MAY AFFECT TRADE BETWEEN MEMBER STATES, ARTICLE 86 COVERS ABUSE WHICH MAY DIRECTLY PREJUDICE CONSUMERS AS WELL AS ABUSE WHICH INDIRECTLY PREJUDICES THEM BY IMPAIRING THE EFFECTIVE COMPETITIVE STRUCTURE AS ENVISAGED BY ARTICLE 3 (F) OF THE TREATY. THE COMMUNITY AUTHORITIES MUST THEREFORE CONSIDER ALL THE CONSEQUENCES OF THE CONDUCT COMPLAINED OF FOR THE COMPETITIVE STRUCTURE IN THE COMMON MARKET WITHOUT DISTINGUISHING BETWEEN PRODUCTION INTENDED FOR SALE WITHIN THE COMMON MARKET AND THAT INTENDED FOR EXPORT.

7. UNDERTAKINGS WHICH HOLD A DOMINANT POSITION WITHIN THE COMMON MARKET, AND WHOSE BEHAVIOUR IS CHARACTERIZED BY UNITED ACTION, MUST BE REGARDED AS AN ECONOMIC UNIT AND ARE JOINTLY AND SEVERALLY LIABLE.

8. ARTICLE 3 OF REGULATION NO 17 MUST BE APPLIED IN RELATION TO THE INFRINGEMENT WHICH HAS BEEN ESTABLISHED, AND ITS APPLICATION MAY INCLUDE AN ORDER TO DO CERTAIN ACTS OR PROVIDE CERTAIN ADVANTAGES WHICH HAD BEEN WRONGFULLY WITHHELD AS WELL AS A PROHIBITION ON THE CONTINUATION OF CERTAIN ACTIONS, PRACTICES OR SITUATIONS WHICH ARE CONTRARY TO THE TREATY. FOR THIS PURPOSE THE COMMISSION MAY, IF NECESSARY, REQUIRE THE UNDERTAKING CONCERNED TO SUBMIT ITS PROPOSALS WITH A VIEW TO BRINGING THE SITUATION INTO CONFORMITY WITH THE REQUIREMENTS OF THE TREATY.

Plný text judikátu (Entire text of the Judgment):