The EU General Court restates the test for abusive discrimination contrary to Article 102 TFEU (Clearstream)

The General Court has restated the test for a finding of discriminatory conduct as abusive dominant position contrary to Article 102 TFEU. The Court upheld a decision of the European Commission to the effect that Clearstream Banking AG had abused its dominant position in the provision of primary clearing and settlement services for German securities by means of discriminatory pricing, to the detriment of Euroclear Bank SA, a provider of secondary clearing and settlement services. The Court stated that where the behaviour of the dominant undertaking tends, in all the circumstances, to lead to the distortion of competition, it is not necessary also to prove an actual quantifiable deterioration of the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Bird & Bird (London)

Quotation

Richard Eccles, The EU General Court restates the test for abusive discrimination contrary to Article 102 TFEU (Clearstream), 9 September 2009, e-Competitions September 2009, Art. N° 100237

Visites 30

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues