CASE COMMENTS : UNILATERAL PRACTICES - EUROPEAN UNION – ESSENTIAL FACILITY – RECYCLING – CAUSALITY

Divestiture : The European Commission imposes a fine of 6 million € to a packaging collection scheme in Austria for having denied access to the collection network, considered as an essential facility (ARA Foreclosure)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a previous issue of this column, we wrote that decisions to convict for abuse of a dominant position were becoming rare as the settlement procedure became so widespread. In the Altstoff Recycling Austria (ARA) case, however, the Commission is issuing a decision on the basis of Article 7 of Regulation 1/2003 (infringement decision). The well-written and moderately long (40 pages) decision therefore deserves the attention of those teaching competition law, as it is a good illustration for apprentice lawyers. Background: The legal obligation to collect packaging The facts of the case are quite simple. Austrian legislation which obliges manufacturers of

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  • Catholic University of Louvain

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Anne-Lise Sibony, Divestiture : The European Commission imposes a fine of 6 million € to a packaging collection scheme in Austria for having denied access to the collection network, considered as an essential facility (ARA Foreclosure), 20 September 2016, Concurrences N° 1-2017, Art. N° 83307, pp. 102-104

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