The EU Court of Justice states that for a collective dominant position to exist, the undertakings in the group must be linked in such a way that they adopt the same conduct on the market (Almelo / Ysselmij)

Case C-393/92 Municipality of Almelo and Others V Energiebedrijf IJsselmij NV* 1. A national court which, in a case provided for by law, determines an appeal against an arbitration award must be regarded as a court or tribunal within the meaning of Article 177 of the Treaty, even if under the terms of the arbitration agreement made between the parties that court must give judgment according to what appears fair and reasonable. In accordance with the principles of the primacy of Community

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