Commercial Solvents Corporation v Commission
 | This article includes a list of general references, but it lacks sufficient corresponding inline citations. (May 2024) |
| Commercial Solvents Corporation v Commission | |
|---|---|
| Court | Court of Justice of the EU |
| Citation(s) | (1974) Cases 6/73 and 7/73 [1974] ECR 223 |
| Keywords | |
| Abuse, dominance, refusal to supply | |
Commercial Solvents Corporation v Commission (1974) Cases 6/73 and 7/73 is an EU competition law case, concerning monopoly and abuse of a dominant position.[1]
Facts[edit]
Commercial Solvents Corp (also Istituto Chemioterapico Italiano SpA was being sued) ceased selling aminobutanol to Zoja, which was used to make an anti-tuberculosis drug. CSC decided to start making the drug itself, and so stopped selling to Zoja.
Judgment[edit]
The ECJ held that CSC was dominant and abused its position.
25. ... an undertaking which has a dominant position in the market in raw materials and which, with the object of reserving such raw material for manufacturing its own derivatives, refuses to supply a customer, which is itself a manufacturer of these derivatives, and therefore risks eliminating all competition on the part of this customer, is abusing its dominant position.
See also[edit]
Notes[edit]
- ^ A Jones, B Suffrin and N Dunne, EU Competition law: Text, Cases & Materials (8th edn 2023) ch 7
References[edit]
- Bentil, J Kodwo (1 March 1975). "Control of the Abuse of Monopoly Power in EEC Business Law". Common Market Law Review. 12 (1): 59–75. doi:10.54648/cola1975005.
- Collins, Lawrence (1 December 1980). "Personal Jurisdiction of the European Community—Some Comments on the Application of Civil and Penal Jurisdiction". Common Market Law Review. 17 (4): 487–491. doi:10.54648/cola1980033.
- Korah, Valentine (1974). "Istituto Chemioterapico Italiano S.p.A. and Commercial Solvents Corporation v. Commission of the European Communities". Common Market Law Review. 11 (3): 248-272.