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17. Abuse of dominance (1): non-pricing practices  

language to regard such infrastructures as ‘facilities’, and ‘essential’ carries the same meaning as ‘indispensable’. However the case law has demonstrated that there can also be an obligation

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5. Article 102  

Seeking an injunction to enforce standard-essential patents Seeking an injunction to enforce standard-essential patents ’, pp 822–823. 335 Case T-201/04 EU:T:2007:289. 336 Ibid, para

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7. Articles 101 and 102: public enforcement by the European Commission and national competition authorities under Regulation 1/2003  

ture that was an essential facility: ARA had itself offered this divestiture, and its fine was reduced by 30% to reflect its cooperative approach. In several cases, particularly in

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3. Article 101(1)  

the Court of Justice for infringement of essential procedural requirements: Cases C-137/92 P etc Commission v BASF EU:C:1994:247. 239 Cases T-305/94 etc NV Limburgse Vinyl Maatschappij

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19. The relationship between intellectual property rights and competition law  

laws at the time of the Magill case. 286 Case C-418/01 EU:C:2004:257; for comment see Sufrin ‘The IMS Case’ [2004] Comp Law 18; Brinker ‘Essential Facility Doctrine and Intellectual

Chapter

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8. Competition, the State, and Public Undertakings: Article 106 TFEU  

and (d) the Commission had defined lignite as an essential facility but had failed to show that it was in this case. Case C-553/12 P, Commission v Dimosia Epicheirisi Ilektrismou

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7. Article 102 TFEU: Conduct Which Can Be an Abuse  

the phrase ‘essential facilities’ to IPRs but the leading case on IPRs, Magill , 751 featured significantly in Bronner , 752 which in turn was relied upon in the IPR case of IMS

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6. The obligations of Member States under the EU competition rules  

contrary to Article 106(1). In these cases the airport or port was a natural monopoly 192; and it may be necessary, under the so-called ‘essential facilities doctrine’ 193 , for the

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21. Mergers (2): EU law  

produce widget dioxide, a raw material essential for the production of widgets, and that they will supply this raw material to Newco. In this case A and B will retain a presence in the

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13. Public Enforcement by the Commission and the National Competition Authorities of the Antitrust Provisions  

standard-essential patents (SEP) disputes by using Article 9 466 before finally making an Article 7 decision. 467 Yet, Article 9 is not an inevitable instrument of case disposition

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23. Particular sectors  

in relation to essential services such as voice telephony, broadband services or the supply of electricity, price control may be necessary; where this is the case, various techniques

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2. The Competition Law and Institutions of the European Union  

number of competition cases, such as Case C-407/08 P, Knauf Gips v Commission EU:C:2010:389; Case C-272/09 P, KME Germany AG v Commission EU:C:2011:810; and Case C-17/10, Toshiba v

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4. Article 101 TFEU: The Elements  

company controlling them (Case 48/69, ICI v E.C. Commission  . . . ; Case 15/74, Centrafarm v Sterling Drug  . . . ; Case 16/74, Centrafarm v Winthrop  . . . ; Case 30/87, Bodson v Pompes

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4. Article 101(3)  

19 See similarly Cases 43/82 and 63/82 VBVB and VBBB v Commission EU:C:1984:9, para 61. 20 Case C-68/12 Slovenská sporitel’ňa EU:C:2013:71, para 32 and case law cited; see generally

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18. Abuse of dominance (2): pricing practices  

community fell significantly 73. The complexity of determining access prices in the case of essential facilities is vividly illustrated by Albion Water v Water Services Regulation Authority

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6. Article 102 TFEU: Introduction and Dominant Position  

408 See the case law on refusal to supply and the essential facilities doctrine, discussed in Chap. 7. Article 102 TFEU: Conduct Which Can Be an Abuse 7. 409 Case 27/76, United

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10. Competition Act 1998 and the cartel offence: public enforcement and procedure  

earlier. 634 Case 1012/2/3/03 [2003] CAT 17. 635 Case 1058/2/4/06 [2007] CAT 6. 636 Case 1068/2/1/06 [2006] CAT 35. 637 Case 1071/2/1/06 [2007] CAT 18. 638 Case 1087/2/3/07 [2007]

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15. Horizontal agreements (3): cooperation agreements  

short period depends on the particular facts of any case 31; in Visa Europe v Commission 32 the General Court said that the essential factor is the need for entry to take place with

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13. Horizontal agreements (1): cartels  

further appeal Case C-628/10 P EU:C:2012:479; Case T-29/05 Deltafina v Commission EU:T:2010:355, upheld on further appeal Cases C-537/10 P etc EU:C:2011:475; Case T-37/05 World Wide

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15. Mergers  

but merely drew attention to the essential function of evidence, which is to establish convincingly the merits of an argument or, as in the present case, of a decision on a merger.