The Federal Court of Justice holds that prices of a dominant company charged in a new market may be lower than the prices in the dominated market for a limited market entry period (Entega II)

On 7 December 2010, the Federal Court of Justice (FCJ) overruled partially a judgement of the Higher Regional Court of Frankfurt of 26 January 2010 and partially upheld the decision. The question at stake was whether a regional gas supplier with a market dominant position is allowed to charge in two comparable geographic regions different prices. Facts The plaintiffs are individuals who are supplied for their private household with natural gas from the defendant, a distribution company for natural gas and electricity. The defendant is controlled by a company which is also the sole shareholder of the company

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Wolfgang Bosch, The Federal Court of Justice holds that prices of a dominant company charged in a new market may be lower than the prices in the dominated market for a limited market entry period (Entega II), 7 October 2010, e-Competitions Bulletin Energy & Dominance, Art. N° 38144

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