Martin Lyčka

The Abuse of a Dominant Market Position by the State Monopoly in the CJEU Case Law

Jurisprudence 4/2013 Section: Articles Page: 24-29

Keywords: dominant market position, state monopoly, conflict of interests, case law, Court of Justice of EU

Abstract: Article 106 TFEU prohibits EU Member States from enacting or maitaining in force any measures, adopted in relation to the grant of exclusive or special rights to public undertakings, that would be contrary to the EU competition law rules, in particular Article 102 TFEU. The previous case law of the Court of Justice of the European Union has established that measures giving rise to conflicts of interest or the inability of the exclusive licence holder to satisfy customer demand amount to such a breach. However, in accordance with the recent decision of CJEU in DEI the mere fact that the presence of a former monpoly in the market makes access to that market more difficult and costly does not constitute a breach of Articles 106 and 102 TFEU.