Abuse of Dominant Position - Essential Facilities Doctrine

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
KŠB Advises PPF on Landmark Cross-Border Conversion to the Czech Republic
Kocián Šolc Balaštík provided comprehensive legal counsel to the PPF Group in connection with the cross-border conversion of its holding structure from the Netherlands to the Czech Republic. KŠB’s team, led by partner Jan Lasák, played a central role with structuring the reorganisation and preparing the key documentation.
KŠB ranked among the largest law firms in the Czech Republic by Forbes
Kocián Šolc Balaštík has been ranked among the largest law firms in the Czech Republic in the Forbes overview of leading legal practices, based on revenues over the past three years.
KŠB Ranked in Legal 500 2026
Following our success in last week’s Chambers Europe Guide, we are pleased to confirm our position among the leading law firms in the Czech Republic also in the Legal 500 2026 rankings published by Legal 500.