This case is the latest instalment in a series of claims for refusal to deal brought by Austrian cinema operators against Constantin-Film, a company active in Austria both as a distributor of cinema films and as an operator of a large number of cinemas. Like the previous decisions against Constantin-Film , the decision in this case reveals a generous application of the refusal to supply/essential facilities doctrine.
In the case at hand, the applicant, who operates a small cinema in rural Austria, brought an action in the Cartel Court, arguing that Constantin-Film had abused its dominant position on the market for film distribution by refusing to supply her with a copy of the film "Asterix at the Olympic Games".
The Cartel Court granted the application. While it recognized that