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Télémarketing (ECJ)

Court of Justice of the European Communities
Case C-311/84, reference for a preliminary ruling in Centre Belge d'Études de Marché – Télémarketing (CBEM) SA v Compagnie Luxembourgeoise de Télédiffusion SA and Information Publicité Benelux SA
[1985] ECR 3261
Judgment available online (HTML, about 7 pages)

Article 82: State-sponsored dominant position; exclusionary abuse
Article numbers refer to the 1997 consolidated version of the EC Treaty.

This is a reference for a preliminary ruling by a Belgian commercial court. The respondents control advertising space on the RTL television channel, and have a policy of rejecting adverts that encourage viewers to call a number unless the numbers advertised use the respondents' own call centre. Télémarketing is seeking access to advertising time that would not include such restrictions.

The ECJ ruled that it was irrelevant to the application of the Article 82 prohibition on abuse of a dominant position that the dominant position might have been the result of State action; and that denial of access which had the effect of "reserving" to the dominant undertaking or its associates an ancillary activity such a telemarketing, "with the possibility of eliminating all competition from another undertaking", was an abuse unless objectively justified.

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Last changed by Franck at 11:55 AM on Friday 6 October 2006.

Reference for this page:
Reckon Open "Telemarketing" 2006-10-06T11:55:50
Link within Reckon Open: [[Telemarketing]]