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)

Reidlinger, Axel

Previous article The UK Competition Authority publishes a market study interim report and finds two Big Tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google) Next article The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third party data to achieve self-preferencing (Trendyol)

12 Oct 2021

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)

KEYWORDS

Reference

Austrian Cartel Court, ASFINAG, Case No. 16 Ok 1/21I, Judgement, 12 October 2021 (German)

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

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

Axel Reidlinger
Reidlinger Schatzmann Rechtsanwälte (Vienna)

Austria 21 contributions 82487 visits

Quotation

Axel Reidlinger, 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), 12 October 2021, e-Competitions Interim measures, Art. N° 108198

Visites 55