The Dutch District Court finds abuse of dominance by credit card network operator (EMS / Equens)

I. The Parties European Merchant Services BV and Equens SE II. The Facts European Merchant Services BV (‘EMS’) is a so-called “acquirer”. That means that EMS processes credit card payment data and enters into contracts with merchants. Merchants are companies – such as retailers – that accept payments by credit cards. Merchants use terminals to process credit card payments. Those terminals are connected to a transport network for payment data. Equens SE (‘Equens’) is the owner of such a network. As of 2004, Equens is also active in the downstream market for acquiring through its subsidiary PaySquare BV (‘PaySquare’). The competition issue of this case mainly relates to Equens’ application of the so-called “queue procedure” (wachtrijprocedure) from September 2007 until February 2008. If a

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Tjarda van der Vijver, Cyriel Ruers, The Dutch District Court finds abuse of dominance by credit card network operator (EMS / Equens), 8 August 2013, e-Competitions Effect on interstate trade, Art. N° 68811

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