The EU Court of Justice lays down criteria for determining the application of Article 101 TFUE in a selective distribution system (Metro)

Case 75/84 Metro SB-Großmärkte GmbH & Co. KG v Commission of the European Communities* 1. Persons other than those to whom a decision is addressed may claim to be concerned within the meaning of the second paragraph of Article 173 only if that decision affects them by reason of certain attributes which are peculiar to them, or by reason of circumstances in which they are differentiated from all other persons, and by virtue of these factors distinguishes them individually just as in the case of the person addressed. In the context of a decision granting exemption pursuant to Article 85 (3) of the Treaty in respect of a selective distribution system, an undertaking which has been refused access to the distribution system in question and who has been recognized by the Commission as