CASE COMMENTS: UNILATERAL PRACTICES - EUROPEAN UNION - RAIL SECTOR - BARRIERS TO ENTRY

Barriers to entry: The General Court of the European Union upholds a decision of the European Commission in the case of the dismantling of a section of railway track in Lithuania to prevent the entry of a competitor (Lietuvos geležinkeliai)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court of First Instance dismisses an action brought by the Lithuanian incumbent rail operator against a Commission decision of 2 October 2017 (case AT.39813 Baltic Rail), which had sanctioned him for dismantling infrastructure between Lithuania and Latvia that obstructed a contract between a Lithuanian refinery and a Latvian rail freight company to export its production from a Latvian port. The Court of First Instance confirms that, by taking a hasty decision to dismantle an infrastructure without seeking to raise the funds necessary for its reconstruction, the incumbent operator engaged in a practice liable to impede competition. For a dominant

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Frédéric Marty, Barriers to entry: The General Court of the European Union upholds a decision of the European Commission in the case of the dismantling of a section of railway track in Lithuania to prevent the entry of a competitor (Lietuvos geležinkeliai), 18 November 2020, Concurrences N° 1-2021, Art. N° 99125, pp. 131-134

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