Towards a manageable concept of abuse of dominance in the EU

KEYWORDS
What is an abuse of dominance in European competition law? Let’s take a 2022 example from a first instance court in Frankfurt, Germany (case 2-03 O 58/22). It ruled on the application of an online seller of individualised number plates for cars to get an injunction against Google. Google had blocked ads by the seller on the basis of a Google-advertising directive. The Frankfurt court granted the injunction within three months, stating that the blocking of ads unfairly impeded the seller. The court cites a 1981 decision by the German Federal Supreme Court. Finding an infringement, the court says, “requires a comprehensive weighing of the individual interests of both parties, taking into account the objective of the [Competition Act], which is directed at the freedom of competition and

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