Commercial Solvents Corporation v Commission
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| 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