Luxembourg, 9 December 2021
EU Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position
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An incumbent operator may adopt practices aimed at retaining its customers, even in the context of a liberalisation process, but must not resort to practices which, by exploiting the advantages stemming from the statutory monopoly, are capable of producing exclusionary effects on new competitors considered to be as efficient.
Source – CJEU: 220/2021 : 9 December 2021 – Opinion of the Advocate General in the case C-377/20