British Airways v Commission [2007] EUECJ C-95/04

European Court of Justice judgment (about 18 pages) dismissing an appeal by British Airways against the 2003 Court of First Instance judgment that confirmed the European Commission's decision that British Airways' commissions to travel agents were discriminatory and exclusionary and constituted an abuse of a dominant position.

The Court of Justice endorsed the CFI reasoning for finding that fidelity-inducing discounts had an exclusionary effect, irrespective of whether they succeeded in excluding competitors or were detrimental to consumers' interests. It also endorsed the CFI's analysis of discriminatory abuse, holding that there was no need to go beyond identifying an unjustified differential financial impact on travel agents in order to establish that discriminatory commissions placed some of them at a competitive disadvantage. It dismissed as inadmissible BA's various challenges to the CFI's findings of fact.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, ECJ/CFI.

Reckon LLP is an economics consultancy with expertise in data analysis, economic regulation and competition law.

About Reckon