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Compagnie Maritime Belge Transports SA v. Commission

2000 E.C.R. I-1365 (2000)

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Compagnie Maritime Belge Transports SA v. Commission

European Union Court of Justice

2000 E.C.R. I-1365 (2000)

Facts

Compagnie Maritime Belge Transports SA (Compagnie) (defendant) belonged to a shipping conference called Cewal along with several other shipping companies. Cewal held a 90 percent market share and faced only one competitor, G&C. As a participant in the maritime-transport market, Cewal was authorized to fix transport rates among its members to establish efficient maritime services. Cewal lowered its fixed rates in the areas where G&C operated, matching G&C rates, a practice known as fighting ships. Cewal conceded that its intent in doing so was to eliminate G&C from the market. The European Commission (commission) (plaintiff) found that Cewal’s conduct constituted an abuse of its dominant position in violation of Article 102 of the Treaty on the Functioning of the European Union (TFEU) because Cewal had attempted to eliminate its competition. The European Union Court of Justice affirmed the commission’s decision, and Compagnie appealed.

Rule of Law

Issue

Holding and Reasoning

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