On 3 March 2009, the German Federal Court of Justice reversed the judgement of the Higher Regional Court of Düsseldorf and remitted the case back for further proceedings [1]. The question at stake was whether an undertaking could be regarded as dominant according to Art. 102 TFEU if due to its position on an upstream market it could prevent workable competition on a downstream market. Facts The plaintiff was a credit card company offering lodge cards (Reisestellenkarten) which additionally facilitated the deduction of input tax for card holders (Vorsteuerabzugsmöglichkeit). Lodge cards are corporate credit cards that can be lodged with travel agencies to make cashless payments for airline or rail travel. Lodge cards which facilitate the deduction of input tax for card holders itemise
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The German Federal Court of Justice decides on a dominant position resulting from the upstream possibility to restrict downstream competition (Reisestellenkarte)
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