Commercial Solvents Corporation v Commission

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]

Commercial Solvents Corporation v Commission
CourtCourt of Justice of the EU
Citations(1974) Cases 6/73 and 7/73 [1974] ECR 223
Keywords
Abuse, dominance, refusal to supply

Facts

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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

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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

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Notes

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  1. ^ A Jones, B Suffrin and N Dunne, EU Competition law: Text, Cases & Materials (8th edn 2023) ch 7

References

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  • 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.