Source: All England Reporter
Publisher Citation: [2002] All ER (D) 307 (Mar)
Court: Court of First Instance of the European Communities (Fourth Chamber, Extended Composition)

Judges Mengozzi (President), Garcia-Valdecasas, Tiili, Moura Ramos and Cooke

Judgment Dates: 20 March 2002


European Community - Rules on competition - Abuse of dominant position - Postal services - Holder of exclusive right to postal services utilising profits gained from provision of exclusive right to expand into neighbouring market open to competition - Whether such expansion an abuse of dominant position - EC Treaty, Article 82.

The Case

The acquisition, by a holder of an exclusive right reserving the provision of certain services to it, of a holding in an area not reserved to it was not precluded by Community competition law, but it would be necessary to examine the sources of the funds used for the acquisition in order to determine whether they had stemmed from an abuse of a dominant position in the market to which the exclusive right related.

Practice Areas

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