Judgment_paragraph 34 · Compagnie maritime belge transports SA, Compagnie maritime belge SA and Dafra-Lines A/S v Commission of the European Communities (C-395/96 P, C-396/96 P)

34Article 85 of the Treaty applies to agreements, decisions and concerted practices which may appreciably affect trade between Member States, regardless of the position on the market of the undertakings concerned. Article 86 of the Treaty, on the other hand, deals with the conduct of one or more economic operators consisting in the abuse of a position of economic strength which enables the operator concerned to hinder the maintenance of effective competition on the relevant market by allowing it to behave to an appreciable extent independently of its competitors, its customers and, ultimately, consumers (see Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 30).

Compagnie maritime belge transports SA, Compagnie maritime belge SA and Dafra-Lines A/S v Commission of the European Communities (C-395/96 P, C-396/96 P)

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