The Austrian Supreme Court once again finds that an integrated film distributor and cinema operator abused its dominant position by refusing to supply copies of its films to rival cinema operators (Constantin-Film)

This case is the latest instalment in a series of claims for refusal to deal brought by Austrian cinema operators against Constantin-Film, a company active in Austria both as a distributor of cinema films and as an operator of a large number of cinemas. Like the previous decisions against Constantin-Film [1], the decision in this case reveals a generous application of the refusal to supply/essential facilities doctrine. In the case at hand, the applicant, who operates a small cinema in rural Austria, brought an action in the Cartel Court, arguing that Constantin-Film had abused its dominant position on the market for film distribution by refusing to supply her with a copy of the film "Asterix at the Olympic Games". The Cartel Court granted the application. While it recognized that

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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • DORDA (Wien)

Quotation

Axel Reidlinger, Heinrich Kühnert, The Austrian Supreme Court once again finds that an integrated film distributor and cinema operator abused its dominant position by refusing to supply copies of its films to rival cinema operators (Constantin-Film), 16 July 2008, e-Competitions Bulletin July 2008, Art. N° 22387

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