July 1989

Anticompetitive practices

The EU Court of Justice states that the fixing of common prices intended to restrict competition in the construction sector is an infringement of competition rules (Belasco)
European Court of Justice (Luxembourg)
Case 246/86 S. C. Belasco and Others v Commission of the European Communities* 1. In the context of a cartel, the fixing of common prices, even if not observed in practice, constitutes an infringement of Article 85(1) of the Treaty if they are intended to restrict competition. 2. The fact (...)

Unilateral Practices

The EU Court of Justice holds that excessive and disproportionate costs should not be taken into account when determining the reasonableness of prices in a case of abuse of dominance (Ministère Public / Tournier)
European Court of Justice (Luxembourg)
Case 395/87 Ministère public v Jean-Louis Tournier* 1. A copyright-management society acting on behalf of the copyright owner of his licensee may not rely on the exclusive exploitation right conferred by copyright to prevent or restrict the importation of sound recordings which have been (...)

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