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The EU Court of First Instance upholds the Commission’s decision objecting to an acquisition involving the transfer of an exclusive licence of patents and know-how which would create barriers to entry (Tetra Pak)

Case T-51/89 Tetra Pak Rausing SA v Commission of the European Communities* 1. The mere fact that an undertaking in a dominant position acquires an exclusive patent licence does not per se constitute abuse within the meaning of Article 86 of the Treaty. For the purpose of applying Article 86, the circumstances surrounding the acquisition, and in particular its effects on the structure of competition in the relevant market, must be taken into account. The acquisition by an undertaking in a dominant position of an exclusive patent licence for a new industrial process constitutes an abuse of a dominant position where it has the

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