The European Court of Justice in two of its recent cases has clearly acknowledged the meeting competition defence. The afterlife of Syfait (Sot. Lelos kai Sia EE and Other v. GlaxoSmithKline AEVE Farmakeftikon Proionton, C-468/06 to C-478/06) has already been commented many times. In the recent case of Kanal 5 Ltd and TV 4 AB v.Föreningen Svenska Tonsättares Internationella Musikbyrå (STIM) upa (C-52/07) the ECJ answered four questions in a preliminary rulings procedure. Relating to my topic, the ECJ stressed at para. 26. that: “Although the fact that an undertaking is in a dominant position cannot deprive it of its right to protect its own commercial interests if they are attacked, and such an undertaking must be conceded the right to take such reasonable steps as it deems appropriate to protect those interests, such behaviour cannot be accepted if its purpose is specifically to strengthen that dominant position and abuse it …“.
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Meeting competition defence
The European Court of Justice in two of its recent cases has clearly acknowledged the meeting competition defence. The afterlife of Syfait (Sot. Lelos kai Sia EE and Other v. GlaxoSmithKline AEVE Farmakeftikon Proionton, C-468/06 to C-478/06) has already been commented many times. In the recent case of Kanal 5 Ltd and TV 4 AB v.Föreningen Svenska Tonsättares Internationella Musikbyrå (STIM) upa (C-52/07) the ECJ answered four questions in a preliminary rulings procedure. Relating to my topic, the ECJ stressed at para. 26. that: “Although the fact that an undertaking is in a dominant position cannot deprive it of its right to protect its own commercial interests if they are attacked, and such an undertaking must be conceded the right to take such reasonable steps as it deems appropriate to protect those interests, such behaviour cannot be accepted if its purpose is specifically to strengthen that dominant position and abuse it …“.
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This entry was posted on Wednesday, January 7th, 2009 at 10:16 am and is filed under Comments. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.