The Business Law Reports
[2023] Bus LR 286
Court of Justice of the European Union
Unilever Italia Mkt Operations Srl
v
Autorità Garante della Concorrenza e del Mercato
(Case C-680/20)
EU:C:2023:33
2022 March 3; July 14; 2023 Jan 19
President of the Chamber E Regan,
Judges D Gratsias, M Ilešič, I Jarukaitis, Z Csehi
Advocate General A Rantos
Judges D Gratsias, M Ilešič, I Jarukaitis, Z Csehi
Advocate General A Rantos
Competition— Abuse of dominant position— Exclusionary effect on market— Undertaking with dominant position on market selling product through network of independent distributors— Distributors imposing exclusivity clauses on sales outlets and operating system of rebates and commissions— Circumstances in which distributor’s abusive conduct imputable to dominant undertaking— Approach to be adopted by national competition authority where undertaking accused of abusing dominant position by using exclusivity clauses— Treatment of evidence tending to show clauses not producing restrictive effects— Application of “as efficient competitor” test—
FEU Treaty
, art 102