CASE COMMENTS: MERGER - FRANCE - EUROPEAN UNION - PRELIMINARY RULING - EX POST CONTROL - ABUSE OF DOMINANCE

Abuse of dominance: The Paris Court of Appeal refers to the Court of Justice of the European Union the question of the durability of its Continental Can case law (Itas / TDF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In its recent judgment in the case of the takeover ofItas by TDF, the Paris Court of Appeal referred to the Court of Justice of the European Union [the "Court ofJustice"] the question of the durability of its Continental Can case law (Court of Justice of the European Communities, 21 February 1973, Case 6-72, Europemballage Corporation and Continental Can Company Inc..) For the record, according to this case law, a merger may in itself constitute an abuse of a dominant position under Article 102 of the Treaty on the Functioning of the European Union [the "Treaty"]. Without going into detail (for further developments, see O. Billard and Q. Colombier,

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Olivier Billard, Quentin Colombier, Abuse of dominance: The Paris Court of Appeal refers to the Court of Justice of the European Union the question of the durability of its Continental Can case law (Itas / TDF), 1 July 2021, Concurrences N° 4-2021, Art. N° 103356, pp. 96-97

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