31.7.2003
No items found.

Abuse of Dominant Position - Essential Facilities Doctrine

Judgement of the Court of First Instance of 17 June 2003 in case T-52/00 Coe Clerici Logistics SpA v Commission

The Court of First Instance issued a judgement in the Coe Clerici Logistics SpA v. Commission case on 17 June 2003 (case T-52/00). This judgement was issued in connection with the issue of refusal of access to the so-called ‘essential facilities’ and the consequent abuse of dominant position in the sense of Article 82 (ex Article 86) of the EC Treaty.

Although this judgement does not bring any new aspects regarding definition of the essential facilities and refers to standing decision-making practices (see in particular judgement of the European Court of Justice No. C-7/97 dated on 26 November 1993 in case Bronner), it is interesting in the way that procedural practices are dealt with therein. Particularly interesting was the issue of a private entity’s right to file an action against a decision in which the Commission refused to deal with alleged abuse of dominant position as referred to in Article 82 in conjunction with Article 86 (3) of the EC Treaty on European Community, i.e. in the case when the alleged abuse of dominant position was claimed to have resulted from intervention by a public authority (in this particular example, the consequence of a Ministerial Decree).

Other articles

14.9.2026
News

KŠB advises on the sale of a majority stake in Znakon Group to enteria

KŠB provided legal advice on the sale of a 75% stake in Znakon, Znakon Asfalt and Znakon Servis to enteria, a Pardubice-based group and one of the Czech Republic’s largest construction holdings.

KŠB provided legal advice on the sale of a 75% stake in Znakon, Znakon Asfalt and Znakon Servis to enteria, a Pardubice-based group and one of the Czech Republic’s largest construction holdings.

9.9.2026
News

KŠB Runs for a Good Cause

On Tuesday, 8 September three teams from KŠB took part in the eighth annual Good Will Run organised by the Olga Havel Foundation in Prague’s Hvězda Park. Proceeds from the entry fees will go towards supporting families facing difficult circumstances due to serious illness, loss of housing or domestic violence.

On Tuesday, 8 September three teams from KŠB took part in the eighth annual Good Will Run organised by the Olga Havel Foundation in Prague’s Hvězda Park. Proceeds from the entry fees will go towards supporting families facing difficult circumstances due to serious illness, loss of housing or domestic violence.

4.8.2026
No items found.

Richard Schmidt Joins KŠB, Strengthening Its Corporate Criminal Liability and Compliance Practice

KŠB expanded its team at the beginning of August with the arrival of attorney Richard Schmidt, who has extensive experience in criminal law, including corporate criminal liability and related compliance matters.

KŠB expanded its team at the beginning of August with the arrival of attorney Richard Schmidt, who has extensive experience in criminal law, including corporate criminal liability and related compliance matters.