The EU Court of Justice upholds the fine imposed on an airline for abuse of market dominance (British Airways)

In 1999 the Commission fined British Airways (BA) €6,800,000 for abuse of its dominant position on the market for air travel agency services, contrary to article 82 of the EC Treaty. The abuse consisted of a system of rebates granted to travel agents that was held to be both loyalty inducing and discriminatory. BA appealed to the Court of First Instance (CFI), which dismissed the appeal in 2003. Yesterday a further appeal to the European Court of Justice (ECJ) was dismissed, with the ECJ upholding the traditional approach to article 82 taken by the Commission in this case. This judgment has an importance beyond its own subject-matter, in that it comes at a crucial point in the Commission’s long-running review of its article 82 enforcement policy. Its December 2005 Discussion Paper, and

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  • Freshfields Bruckhaus Deringer (Brussels)

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Thomas Janssens, The EU Court of Justice upholds the fine imposed on an airline for abuse of market dominance (British Airways), 15 March 2007, e-Competitions Bulletin March 2007, Art. N° 85219

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