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The EU General Court confirms the Commission’s decision finding that the Lithuanian railway incumbent abused its dominant position by dismantling a rail track (Lietuvos geležinkelai)

Comment On 18 November 2020, the General Court of the European Union (‘GC’) delivered its ruling in the Lietuvos geležinkeliai [Lithuanian Railways] case and upheld the European Commission’s decision in which the national railway company of Lithuania was found to have abused its dominant position in the Lithuanian rail freight market (the ‘Judgment’). The GC confirmed that the Lithuanian railway incumbent dismantled a 19km-section of railway track connecting Lithuania and Latvia in breach of Article 102 TFEU. The GC however decided to reduce the fine imposed by the Commission from EUR 27.8 million to EUR 20 million, having regard to the gravity and the duration of the infringement. An appeal to the Court of Justice against the Judgment is currently pending. I. The parties Lietuvos

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Sandrine Mathieu, Thaiane Abreu, The EU General Court confirms the Commission’s decision finding that the Lithuanian railway incumbent abused its dominant position by dismantling a rail track (Lietuvos geležinkelai), 18 November 2020, e-Competitions Judicial review & Burden of proof in unilateral practices cases , Art. N° 99586

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