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Home > Special Issues > Exclusive rights (Art. 106 TFEU)

Exclusive or special rights under article 106 TFEU: An overview of EU and national case law, 23 March 2016
José Luis Buendia Sierra - Garrigues (Brussels)

The Competition Authority of Bosnia & Herzegovina prosecutes the regional government for public procurement infringements that resulted in restriction of competition in the transports market (Centrotrans-Eurolines), 18 April 2012
Alexandr Svetlicinii - University of Macau

The Italian Competition Authority starts investigation in the market of sport motoring for alleged abuses of Art. 81 and/or 82 EC (Automobile Club d’Italia), 22 November 2007
Valerio Torti - National University of Singapore

The Polish Competition Authority fines the pay-TV operator and a football association for exclusive broadcasting rights (Canal+/Polish Football Association), 29 May 2006
Robert Gago - Hogan Lovells (Warsaw)
Aleksandra Czekaj-Dancewicz - Lovells (Warsaw)

The Italian Antitrust Authority declares the incompatibility with EC competition law of a national regulation requiring or facilitating the market sharing within a consortium of manufacturers of matches (Consorzio Industrie Fiammiferi), 13 July 2000
Denis Fosselard - Ashurst (Rome)
Vito Auricchio - Legance (Rome)
Valerio Mosca - Legance (Milan / Rome)

The European Court of Justice partly sets aside the Court of First Instance judgment in a case concerning the imports and exports of electricity in the Netherlands (Rendo v. Commission), 19 October 1995
Panayotis Adamopoulos
P. Wunderlich - DG Competition (Brussels)

The Danish Supreme Court rules on State action defense and refusal to supply under Danish competition law (Copenhagen Airport Terminal A), 29 September 2015
Christian Bergqvist - University of Copenhagen
Laurits Schmidt Christensen - Accura (Copenhagen)

The Italian Competition Authority challenges anticompetitive measures in the Italian slots allocation tender process (Rotte Italia / Israele), 30 January 2015
Simone Gambuto - Macchi di Cellere Gangemi (Rome & Paris)

The EU Court of Justice holds that a member state may be found to have infringed art. 106(1) TFEU if its measures create a situation in which a public undertaking or an undertaking on which it has conferred special or exclusive rights is led to abuse its dominant position (Greek Lignite case), 17 July 2014
Ilias Georgiopoulos - Gibson Dunn (Brussels)
Peter Alexiadis - Gibson Dunn (Brussels)

The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case), 17 July 2014
Albert Sánchez Graells - University of Bristol

The Court of Justice revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU (Greek Lignite Case), 17 July 2014
Nancy Gerakini - Gerakini Legal Studio (Athens)

The EU Court of Justice attempts to clarify its own case law on whether actual abuse by the public undertaking must be shown in Article 106 TFEU-cases (Greek Lignite case), 17 July 2014
Hans Vedder - University of Groningen

A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Art. 102 and 106 TFEU (Hurstel-Koenig), 28 June 2013
Daniel Vasbeck - Baker Botts (Brussels)

The EU Court of Justice entirely dismisses pharmaceutical company’s appeal on abusive patent misuse (AstraZeneca), 6 December 2012
Emanuela Matei - Mircea & Partners (Bucharest)

The EU General Court annuls a Commission decision concerning the exclusive rights granted by Greece in favour of a company for the extraction of lignite for absence of proof of an abusive conduct (Dimosia Epicheirisi Ilektrismou), 20 September 2012
Norman Neyrinck - Philippe & Partners (Brussels)
Angeliki Valsamidou - UCB (Brussels)

The EU General Court annuls the Commission decision for failing to substantiate the existence of an abuse of dominance on the market for cheap electricity (DEI), 20 September 2012
Hans Vedder - University of Groningen

The Italian Competition Authority fines under art. 82 TFEU the incumbent gas service supplier for refusing to provide the cities of Rome and Todi with information required to prepare contract notices for the tendering of gas distribution services (Comuni vari - espletamento gare affidamento servizio distribuzione gas), 14 December 2011
Claudia Calvani - Studio Legale Macchi di Cellere Gangemi (Rome)

The Italian State Council quashes a decision from the Court of first Instance having annulled an NCA’s decision concerning service of general economic interest and State action defence (COBAT - "Recycling of exhausted batteries”), 20 May 2011
Sara Lembo - Bonelli Erede (Rome)

The Serbian Competition Authority prosecutes public company for abuse of dominance on the funeral services market (GGK), 27 January 2011
Alexandr Svetlicinii - University of Macau

The Hellenic Competition Commission rejects a complaint against the municipality of Athens for abuse of dominance on the basis that it did not act as an "undertaking" (Georgios Koutros, and General Association of Greek Consumers), 21 July 2010
Lia Vitzilaiou - Lambadarios Law Offices (Athens)

The European Commission accepts commitments offered by Swedish incumbent electricity operator in the electricity transmission market (Svenska Kraftnät), 14 April 2010
Philippe Chauve - DG Competition (Brussels)
Elzbieta Glowicka - E.CA Economics (Berlin)
Martin Godfried - Agency for the Cooperation of Energy Regulators (Ljubljana)
Edouard Leduc - Autorité de la concurrence (Paris)
Stefan Siebert - Representatives of the governments of the Member States who regularly take part in Council meetings

The German Competition Authority issues opinion on competition in waste management sector, September 2009
Martin Favart - Van Bael & Bellis (Brussels)

The Italian Antitrust Authority accepts commitments from the official federation operating in the market of sport motoring and closes proceedings without imposing sanctions (Gargano Corse/ACI), 11 June 2009
Valerio Torti - National University of Singapore

The Paris Court of Appeal holds that the definition of the relevant market requires a specific assessment in cases involving a company providing a service of general economic interest (Vedettes inter-îles vendéennes), 9 June 2009
Dominique Brault
Romain Maulin - Dechert (Paris)

The European Commission opens proceedings against Swedish electricity transmission system operator concerning limitations on capacity for electricity exports (Svenska Kraftnät), 23 April 2009
Tim Kasten - Van Bael & Bellis (Brussels)
Sean Gerlich - Practising Law Institute (New York)

The Turkish Competition Authority rejects a consumer complaint on the excessiveness of airport parking fees (Esenboga), 13 April 2009
Pinar Akman - University of Leeds

The Latvian Competition Council adopts a decision finding an abuse of dominant position in the freeport of Riga management and towing services market (Freeport of Riga Authority), 24 March 2009
Maris Butans - PricewaterhouseCoopers Legal (Riga)

The Hellenic Competition Commission finds abusive the behaviour of a trade union benefiting of special and exclusive rights (Association of Merchants of the Central Vegetable Market of Athens and Thessaloniki / Union of Loaders, Unloaders and Carriers of Fresh Products of the Central Vegetable Market of Athens and Thessaloniki), 19 March 2009
Georgios Tsouloufas - Institute of Studies in Competition Law and Policy (IMEDIPA) (Athens)

The Lithuanian Competition Council ends art. 82 EC investigation with another fine being imposed on the State-controlled operator of the national airport for restricting access to the airport facilities (Vilnius Airport - Naftelf), 6 November 2008
Sarūnas Keserauskas - Konkurencijos taryba (Vilnius)

The European Court of Justice issues a preliminary ruling on the organisation of motorcycle events in Greece (MOTOE), 1 July 2008
Tim Kasten - Van Bael & Bellis (Brussels)
Sean Gerlich - Practising Law Institute (New York)

The Macedonian Administrative Court confirms the Competition Authority’s decision prosecuting the incumbent telecom operator for refusing access to its network by independent Internet providers (Macedonian Telecom), 22 May 2008
Alexandr Svetlicinii - University of Macau

The European Commission finds that Greece has infringed art. 86(1) in conjunction with art. 82 of the EC Treaty by maintaining the preferential access to lignite in favour of the incumbent Greek electricity provider (PPC), 5 March 2008
Philippe Chauve - DG Competition (Brussels)
Polyvios Panayides - Chrysses Demetriades (Limassol)

The Lisbon Court of Commerce quashes the Competition Authority’s first ever abuse of dominant position infringement decision in the underground ducts’ telecom network access case, upheld on appeal (PT Comunicações), 1 August 2007
José Luís Da Cruz Vilaça - European Court of Justice (Luxembourg)

The Bulgarian Competition Authority fines an undertaking for abusing its dominance on the funeral services market (Obreden Dom), 8 February 2007
Ivan Gurov

The French Competition Council fines the postal incumbent for abuse of dominant position under both national and EC competition provisions (La Poste), 17 November 2005
Juliette Goyer - White & Case (Paris)
Lauriane Lépine-Sarandi - Autorité de la concurrence (Paris)

The UK High Court issues an interim injunction preventing termination of supply pending full trial in an alleged abuse of a dominant position case (Attheraces / British Horseracing Board), 15 July 2005
Suzanne Innes-Stubb - Sanoma (Helsinki)

The Danish Competition Authority launches an inquiry on possible anti-competitive effects of the exclusive right conferred for port harbour services (Copenhagen Malmö Port’s), 22 June 2005
David Henry - McDermott (Brussels)

The EU Court of Justice sets aside the Court of First Instance decision clarifying the role of complainants in Article 86 procedures (T-Mobile Austria, max.mobil case), 22 February 2005
Christian Hocepied - Namur University

The European Commission adopts a decision based on Article 86 regarding certain provisions of Germany’s postal regulatory framework which bar commercial mail preparation firms from earning discounts for handing over presorted letter at incumbent’s sorting centers (Deutche Post. BdKEP), 20 October 2004
Manuel Martinez Lopez - DG Competition (Brussels)
Silke Obst - DG Competition (Brussels)

The Polish Competition Authority prohibits an entrepreneur in dominant position to discriminate between national and foreign entrepreneurs (Regional Board of Management of State Forests in Wroclaw), 21 May 2004
Joanna Faruga - French National Research Agency (ANR)
Veronika Metonidze - Orrick, Herrington & Sutcliffe LLP

The European Commission applies art. 86(3) of the EC Treaty in a decision addressed to France subsequent to a complaint of a trade association representing the majority of the French mail preparation companies (SNELPD), 21 October 2001
Christian Hocepied - Namur University

The European Commission prohibits discriminatory landing fees at Spanish airports (PO/AENA), 26 July 2000
Oliver Stehman - DG Competition (Brussels)

The European Court of First Instance annuls the Commission decision concerning infringements to EC competition law in the betting services of horse-races in France (Ladbroke Racing v. Commission), 18 September 1995
Panayotis Adamopoulos
P. Wunderlich - DG Competition (Brussels)

The EU General Court explains that in the field of State aid it is not necessary to define precisely the relevant market in order to determine the existence of an advantage (Club Hotel Loutraki), 8 January 2015
Phedon Nicolaides - College of Europe (Bruges)

The European Commission holds that the granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources (Jadrolinija Imuna Pharm), 15 October 2014
Phedon Nicolaides - College of Europe (Bruges)

The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband), 16 July 2014
Phedon Nicolaides - College of Europe (Bruges)

The EU General Court rejects the appeal against a budgetary grant in favour of the state owned television company without providing any further explanation on the matter of inefficient undertakings assigned with PSOs (Télévision française 1), 16 October 2013
Phedon Nicolaides - College of Europe (Bruges)

The EU Commission clarifies the relation between Altmark criteria and public procurement rules (SNCM Corse-Méditerranée), 17 August 2013
Phedon Nicolaides - College of Europe (Bruges)

The EU Commission clarifies the relation between Altmark criteria and public procurement rules (POL), 28 March 2013
Phedon Nicolaides - College of Europe (Bruges)

The Irish High Court dismisses claims for the liability of the Irish State for damages regarding an unlawful risk equalisation scheme in the provision of private health insurance by insurers (BUPA, Anor), 7 March 2013
Eoin Kealy - Matheson (Dublin)

The Lithuanian Supreme Administrative Court holds that an exclusive operator in the field has not been granted any advantage within the meaning of State aid provisions when operating beyond the boundaries of the secure network and rules that the nature and the purpose of products on devices determines whether a monopoly is lawful (TEO LT - Omnitel - Bite Lietuva), 5 April 2007
Irmantas Norkus - COBALT Legal (Lithuania)
Ilona Janciauskaite - Valiunas Ellex (Vilnius)

The Dutch District Court rules that a licensing scheme inspired by consumer protection and crime prevention constitutes an objective justification under the existing State aid rules (Stichting Nationale Sporttotalisator - Lotto), 26 September 2006
Mariëtte Swart - Hogan Lovells (Amsterdam)

The European Commission decides that a French bank had benefited from an overcompensation by the French State for its operation of savings account system (Crédit Mutuel, Livret Bleu), 15 January 2002
Rosalind Bufton - European Commission - DG EAC (Brussels)

The European Commission approves public funding of two German public special interest channels (Kinderkanal, Phoenix), 24 February 1999
Madeleine Tilmans - DG Competition (Brussels)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly), 9 February 2011
Sacha Raoult - University Paul Cezanne III (Aix-Marseille)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly), 9 February 2011
Sacha Raoult - University Paul Cezanne III (Aix-Marseille)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly), 9 February 2011
Sacha Raoult - University Paul Cezanne III (Aix-Marseille)

The French Competition Authority issues an opinion pointing out some competition concerns in the newly opened online gambling markets (Opinion on online gambling), 20 January 2011
Elise Provost - French Competition Authority (Paris)

The Italian First administrative Court annulls an NCA’s infringement decision by applying the State action defence doctrine (Recycling of exhausted batteries), 9 March 2010
Sara Lembo - Bonelli Erede (Rome)

An Italian regional administrative Court finds the provisions of two ports regulation on self-handling of port operations unlawful and annuls refusal to authorize such services based on these provisions (Forship / Port Authority of Olbia and Golfo Aranci), 20 April 2009
Michele Giannino - Desogus Law Office (Cagliari)

The Maltese Commission for Fair Trading sanctions Government’s temporary exclusive concession of yacht yard in favour of an undertaking (S & D Yachts), 6 October 2008
Phyllis Aquilina - Sciberras & Lia Advocates (Valletta)

The Danish competition authority finds that a Danish act on raw material has anti-competitive effects and calls for modifications, 22 June 2005
David Henry - McDermott (Brussels)

The Hungarian Competition Authority issues a recommendation in order to liberalize the notaries’ activities, 27 May 2005
Tarik Hennen - Smartflats (Brussels)
Alexandre Defossez - Law Faculty - IEJE (Liège)

The Council of the EU, the Parliament and the Commission adopt new directives for the liberalization of telecommunications markets (Directives 95/62/EC and 96/19/EC amending Directive 90/388/EEC), 13 December 1995
Christian Hocepied - Namur University

The European Commission amends a directive on satellite communications (Directive 94/46/EC), 13 October 1994
José Luis Buendia Sierra - Garrigues (Brussels)

Official Press Releases

The French Competition Authority issues an opinion on the conditions in which a basic banking service might be set up (Confédération de la Consommation du Logement et du Cadre de Vie), 31 March 2005
French Competition Authority - Autorité de la concurrence (Paris)

The French Competition Authority issues an opinion on the telecommunication incumbent’s standard "Département innovant" convention (France Télécom), 28 July 2004
French Competition Authority - Autorité de la concurrence (Paris)

The French Competition Authority delivers a favourable opinion concerning the draft decree on the sale of broadcasting rights for sporting competitions (Minister of Economy), 28 May 2004
French Competition Authority - Autorité de la concurrence (Paris)

The EU Court of Justice declares that a scheme of compulsory minimum tariffs for certification services addressed to tenderers in a public procurement procedure is not illegal per se under the EU competition and free movement rules (SOA Nazionale Costruttori), 12 December 2013
Albert Sánchez Graells - University of Bristol

The AG Villalón of the CJEU finds that a tariff calculation formula that automatically multiplies the rate payable for the certification activities according to the number of tenders is precluded by EU law (SOA Nazionale Costruttori), 5 September 2013
Albert Sánchez Graells - University of Bristol

The Spanish Competition Authority monitors the competition conditions of the tenders in the market for regular bus transport service, 14 July 2008
Elvira Muñoz Villar - CNE (Madrid)
Patricia Lorenzo - Compass Lexecon (Madrid)
Enrique Andreu - Compass Lexecon (Brussels)

A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux), 5 October 2006
Tristan Baumé - European Commission - DG HR
Sally Janssen - Court of Justice of the EU (Luxembourg)