ABUSE OF A DOMINANT POSITION - Advocatennet

I. Art. 82 EC: general issues (3)
- interaction with Art. 81 EC -
• If exemption Art. 81-3 EC, no abuse under Art. 82 EC – Atlantic Container
1456. “Where the Commission grants an individual exemption pursuant to Article 81(3) of
the Treaty in respect of agreements notified by undertakings holding a dominant position, it
indirectly bars itself, in the absence of a change in the facts or the law, from considering that
the same agreements I
constitute t abuses contrary to Article 82 of the Treaty”.
• Simultaneous application of Art. 81 EC and Art 82 EC prohibitions - CMB
33. “It is clear from the very wording of Articles 81 (a), (b), (d) and (e) and 82 (a) to (d) of the
Treaty that the same practice may give rise to an infringement of both provisions.
Simultaneous application of Articles 81 and 82 of the Treaty cannot therefore be ruled out a
priori.”
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