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In the Tetra Pak International SA v Commission judgement,the Court of Justice mentioned that “application of Article 86 presupposes a link between the dominant position and the alleged abusive conduct”. The causation requirement implies that a conduct of the company is caught by Article 102 TFEU only if it was caused by its dominant position on one of the markets. However, leveraging itself can not serve as a ground of abuse and has to be the result of dominant undertaking’s conduct that is considered abusive.
Robert O’Donoghue and Jorge Padilla distinguish three situations in which the actions of dominant undertaking are likely to be considered a leveraging abuse:
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Responsible: Freie Universität Berlin |
