Judgment_paragraph 241 · British Airways plc v Commission of the European Communities (T-219/99)

241The Court observes first that consistent case-law shows that an ‘abuse’ is an objective concept referring to the conduct of an undertaking in a dominant position which is such as to influence the structure of a market where, as a result of the very presence of the undertaking in question, the degree of competition is already weakened and which, through recourse to methods different from those governing normal competition in products or services on the basis of the transactions of commercial operators, has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition (Hoffmann-La Roche, cited in paragraph 182 above, at paragraph 91, and Michelin, cited in paragraph 91 above, at paragraph 70; Case C-62/86 AKZO v Commission [1991] ECR I-3359, paragraph 69; Case T-228/97 Irish Sugar v Commission [1999] ECR II-2969, paragraph 111).

British Airways plc v Commission of the European Communities (T-219/99)

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