Judgment of the General Court (Ninth Chamber, Extended Composition) of 13 December 2018 (Extracts)
Deutsche Telekom AG v European Commission
Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of the defence — Imputation to the parent company of the infringement committed by its subsidiary — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise — Burden of proof — Calculation of the amount of the fine — 2006 Guidelines on the method of setting fines — Separate fine imposed only on the parent company in respect of repeated infringement and application of a multiplier for deterrence
Case T-827/14
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Judgment
ECLI:EU:T:2018:930 |
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