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 …“.
Meeting competition defence