Judgment_paragraph 20 · Régie des télégraphes et des téléphones v GB-Inno-BM SA (C-18/88)

20However, Article 86 applies only to anticompetitive conduct engaged in by undertakings on their own initiative (see judgment in Case C-202/88 France v Commission ‘Telecommunications terminals’, [1991] ECR I-1223), not to measures adopted by States. As regards measures adopted by States, it is Article 90(1) that applies. Under that provision, Member States must not, by laws, regulations or administrative measures, put public undertakings and undertakings to which they grant special or exclusive rights in a position which the said undertakings could not themselves attain by their own conduct without infringing Article 86.

Régie des télégraphes et des téléphones v GB-Inno-BM SA (C-18/88)

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