The Austrian Supreme Court finds, on the basis of the essential facilities doctrine, that a distributor abused its dominant position on the market for film distribution by refusing to supply competitors (Constantin-Film)

This case relates to the treatment of refusals to supply under Sec. 35 of the Austrian Cartel Act, the Austrian-law equivalent of Article 82 of the EC-Treaty. The decision of the Austrian Supreme Court, acting as Appellate Cartel, reveals a rather generous application of the refusal to supply/essential facilities doctrine, which favours claimants in proceedings against dominant undertakings. The respondent, Constantin-Film, is active in Austria both as a distributor of cinema films and as an operator of a large number of multiplex cinemas. The applicants, rival operators of multiplex cinemas, complained that Constantin-Film had abused its dominant position on

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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • Bpv Hügel (Vienna)

Quotation

Axel Reidlinger, Heinrich Kühnert, The Austrian Supreme Court finds, on the basis of the essential facilities doctrine, that a distributor abused its dominant position on the market for film distribution by refusing to supply competitors (Constantin-Film), 4 April 2005, e-Competitions Bulletin April 2005, Art. N° 275

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