The Dutch Trade and Industry Appeals Tribunal rejects contestable market argument and orders NCA to reinvestigate abuse of dominance by KLM/SLM (KLM / SLM)

Facts In 2003 the Vereniging van Reizigers (an association of travellers, hereafter VVR) filed a complaint at the Netherlands Competition Authority, the NMa about abuse of a dominant position by airlines KLM and Surinam Airways (hereafter SLM) on the route Amsterdam - Paramaribo. The NMa rejected the complaint about excessive pricing on priority grounds. After appeal at the NMa and the court, the court ordered the NMa to redo her decision. In the new decision on appeal dated 21 June 2006, the NMa again rejected the complaint. The Trade and Industry Appeals Tribunal (in Dutch: College van Beroep voor het bedrijfsleven) ruled in August 2010 in favour of VVR and ordered the NMa to investigate the alleged abuse of dominance. [1] The complaint about excessive pricing by KLM/SLM According

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Authors

  • Netherlands Authority for Consumers & Markets (The Hague)
  • SEO Economic Research (Amsterdam)

Quotation

Rob van der Noll, Nicole Rosenboom, The Dutch Trade and Industry Appeals Tribunal rejects contestable market argument and orders NCA to reinvestigate abuse of dominance by KLM/SLM (KLM / SLM), 20 August 2010, e-Competitions August 2010, Art. N° 40184

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