Judgment_paragraph 206 · Tomra Systems ASA and Others v European Commission (T-155/06)

206It is appropriate to recall that, according to settled case-law, the concept of abuse is an objective concept relating to the behaviour 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 weakened and which, through recourse to methods different from those which condition 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. It follows that Article 82 EC prohibits a dominant undertaking from eliminating a competitor and from strengthening its position by recourse to means other than those based on competition on the merits. The prohibition laid down in that provision is also justified by the concern not to cause harm to consumers (Case T-65/98 Van den Bergh Foods v Commission [2003] ECR II-4653, paragraph 157).

Tomra Systems ASA and Others v European Commission (T-155/06)

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