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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)

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 lawfully marketed in another Member State by the owner himself or with his consent. No provision of national legislation may permit an undertaking which is responsible for copyright management and has a de facto monopoly on the territory of a Member State to charge a levy on products from another Member State where they have been put into circulation by the copyright owner or with his consent and thus to impose a charge on the importation of sound

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