June 1978

Anticompetitive practices

The EU Court of Justice rules that an agreement does not fall within the prohibition contained in Article 85 if it affects trade between Member States only to an extent which is not appreciable (Tepea)
European Court of Justice (Luxembourg)
JUDGMENT OF THE COURT OF 20 JUNE 1978 Tepea BV v Commission of the European Communities "Cleaning devices for records" Case 28­/77* 1. The fact that one of the undertakings which are parties to an agreement is situate in a non-member country does not prevent the application of Article 85 (...)

Unilateral Practices

The EU Court of Justice states that the fact that a supplier in a dominant position applies to deliveries to one of his occasional customers in a period of shortage a rate of reduction different from his customers who have long-term contracts cannot amount to an abuse of a dominant position (Benzine en Petroleum)
European Court of Justice (Luxembourg)
JUDGMENT OF THE COURT OF 29 JUNE 1978 Benzine en Petroleum Handelsmaatschappij BV and Others v Commission of the European Communities "Oil crisis" Case 77/77* 1. The absence of pecuniary sanctions in a decision applying Articles 85 and 86 of the Treaty does not preclude the addressee from (...)

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