CASE COMMENT: PROCEDURE - ADMISSIBILITY - MEANING OF MEMBER STATE COURT - ABUSE OF DOMINANCE

Preliminary ruling: The European Court of Justice denies national competition authorities the right to ask for a preliminary ruling by considering that they are not Member State court or tribunal (Syfait/GlaxoSmithKline)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It will still be necessary to wait to find out whether the fact that an importer of pharmaceutical specialties to refuse to respond to orders from wholesalers exceeding the needs - widely heard - of a state's consumers Member State, for the sole purpose of avoiding parallel imports into other Member States. Member States in which the price of these specialities is appreciably lower than in the rest of the world. is likely to constitute an abuse of a dominant position within the meaning of Article 81(1) of the Treaty. of Article 82 of the EC Treaty. In his Opinion, Advocate General Jacobs had nevertheless paved the way for a case-by-case assessment that

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  • L’actu-concurrence (Paris)

Quotation

Alain Ronzano, Preliminary ruling: The European Court of Justice denies national competition authorities the right to ask for a preliminary ruling by considering that they are not Member State court or tribunal (Syfait/GlaxoSmithKline), 31 May 2005, Concurrences N° 3-2005, Art. N° 63126, www.concurrences.com

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