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EU · Year 3 · EU Competition Law

Agreements, Abuse & State Aid

More EU competition law.

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  1. 1.Consten and Grundig (Cases 56 and 58/64) — held?

    Article 101 applies to vertical agreements, and absolute territorial protection in distribution agreements infringes it.

    [1966] ECR 299

  2. 2.AKZO (Case C-62/86) — predatory pricing test?

    Prices below average variable cost are presumed abusive; prices between average variable and average total cost are abusive if part of a plan to eliminate a competitor.

    Case C-62/86 [1991] ECR I-3359

  3. 3.Bronner (Case C-7/97) — refusal to supply?

    A refusal to give access to a facility is abusive only if access is indispensable, the refusal would eliminate all competition, and it is not objectively justified.

    Case C-7/97 [1998] ECR I-7791

  4. 4.Microsoft v Commission (T-201/04) (2007) — held?

    The General Court upheld the finding that Microsoft abused its dominance by refusing interoperability information and by tying Windows Media Player to Windows.

    Case T-201/04 [2007] ECR II-3601

  5. 5.Intel v Commission (Case C-413/14 P) (2017) — held?

    Where a dominant firm submits evidence that its rebates could not foreclose competitors, the Commission must assess their capacity to foreclose.

    Case C-413/14 P, EU:C:2017:632

  6. 6.Commission v Ireland and Apple (C-465/20 P) (2024) — held?

    The Court of Justice upheld the Commission's 2016 decision that Ireland gave Apple unlawful State aid of about €13 billion.

    Case C-465/20 P, judgment of 10 September 2024

  7. 7.Google Shopping (C-48/22 P) (2024) — held?

    The Court of Justice upheld the €2.42 billion fine on Google for favouring its own comparison-shopping service.

    Case C-48/22 P, judgment of 10 September 2024

  8. 8.Which TFEU article prohibits State aid?

    Article 107(1) TFEU.

    Art 107 TFEU

  9. 9.Which regulation governs enforcement of Articles 101 and 102?

    Regulation 1/2003.

    Regulation (EC) No 1/2003

  10. 10.What is the Digital Markets Act?

    Regulation (EU) 2022/1925, imposing ex ante obligations on large online platforms designated as "gatekeepers".

    Regulation (EU) 2022/1925