ALERTS : ABUSE OF DOMINANT POSITION - REFUSAL TO SUPPLY A PARALLEL DISTRIBUTOR - NORMAL COMMANDS

Refusal to supply a parallel distributor: The EU Court of Justice holds that refusals to satisfy “normal” orders, even when they come from a parallel distributor, may constitute an abuse of dominant position (Lélos Kai Sia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts For several years, Greek wholesalers had been buying certain medicines from a pharmaceutical company with a dominant position on the Greek market with a view to redistributing them in Greece and in other Member States with higher selling prices. From November 2000 to February 2001, the pharmaceutical company stopped supplying them. Taking the view that that interruption of supply constituted an abuse of a dominant position, the wholesalers brought proceedings before the competent Greek court. In order to reach a decision, the court referred a question to the Court

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Marie Koehler de Montblanc, Refusal to supply a parallel distributor: The EU Court of Justice holds that refusals to satisfy “normal” orders, even when they come from a parallel distributor, may constitute an abuse of dominant position (Lélos Kai Sia), 16 September 2008, Concurrences N° 2-2009, Art. N° 27684, www.concurrences.com

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