The EU Court of Justice upholds the Commission’s decision and rules that a refusal to supply could amount to an abuse of dominant position (Commercial Solvents)

JUDGMENT OF THE COURT OF 6 MARCH 1974 [1] Istituto Chemioterapico Italiano SpA and Commercial Solvents Corporation v Commission of the European Communities Joined Cases 6 and 7/73* 1. The dominant position within a market in raw material intended for the manufacture of a product is not diminished by the existence of other potential manufacturing processes of an experimental nature or practised on a small scale. 2. An abuse of a dominant position within the market in raw materials may have