Refusal to deal is a “rare” animal in case law regarding the abuse of a dominant position under Art 102 TFEU and the respective provisions under national law of the EU member states. It is therefore noteworthy that the Austrian Supreme Court (in its capacity as Appellate Cartel Court) refined Austrian case law when it decided, on 12 October 2021, on the appeal by Austrian state motorway operator ASFINAG against an interim injunction in which the Austrian Cartel Court had (upon application of a German
The Austrian Cartel Court finds that a digital toll company abused its dominance by refusing to deal with a company seeking access its official webshop (ASFINAG)
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