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| Commercial Solvents Corporation v Commission | |
|---|---|
| Court | Court of Justice of the EU |
| Citations | (1974) Cases 6/73 and 7/73 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.
Facts
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
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
Notes
- A Jones, B Suffrin and N Dunne, EU Competition law: Text, Cases & Materials (8th edn 2023) ch 7
References
- 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.