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The Court of Appeal of Athens rejects an abuse of dominance complaint based on discriminatory treatment of retailers (Dec. 1572/2006)

Facts of the case The litigation in question arose between a wholesale cigarette manufacturer and one of its distributors in Greece. Since the early 90s the plaintiff had a small business selling cigarettes on bulk to other local shops. In 1996 the defendant terminated unilaterally the contract and ceased to supply the plaintiff. Following this unilateral unexpected action, the distributor lodged a complaint to the Court of First Instance of Piraeus (“Polumeles Protodikeion Peiraios”). According to the 1468/1997 decision of the Court, issued in 1997, the defendant was obliged to continue supplying to the plaintiff. The cigarette manufacturer conformed to the decision immediately. A new contract was signed, which newly determined the duties and the rights of the contracting parties.

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Kleopatra Koutra, Stefanos Merikas, The Court of Appeal of Athens rejects an abuse of dominance complaint based on discriminatory treatment of retailers (Dec. 1572/2006), 1 January 2006, e-Competitions Bulletin Dominance Research Program, Art. N° 13082

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