CASE COMMENTS: UNILATERAL PRACTICES – COMMITMENTS – JUDICIAL REVIEW – EUROPEAN UNION

Essential facility: The General Court of the European Union holds that, to open the market of consolidated real-time data feeds, the Commission was justified to limit itself to behavioural remedies affecting the dominant undertaking and third parties, to the exclusion of competitors (Morningstar / Morningstar / Thomson Reuters)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Judgments by the Luxembourg judges on abuse of a dominant position are relatively rare, in particular because of the considerable development of commitment procedures over the last few years. This development is drying up the flow of Commission decisions finding infringements of Article 102 TFEU, without the flow of preliminary rulings on abuses of dominant position offsetting this trend. A sad time for commentators. In these circumstances, the development of European case law on abuse of a dominant position involves appeals against commitment decisions. The Morningstar judgment of the Court of First Instance is part of this "new generation" of judgments,

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Authors

  • Catholic University of Louvain
  • Côte d’Azur University, GREDEG (Nice)

Quotation

Anne-Lise Sibony, Frédéric Marty, Essential facility: The General Court of the European Union holds that, to open the market of consolidated real-time data feeds, the Commission was justified to limit itself to behavioural remedies affecting the dominant undertaking and third parties, to the exclusion of competitors (Morningstar / Morningstar / Thomson Reuters), 15 September 2016, Concurrences Nº 4-2016, Art. N° 82046, pp. 95-99

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