Alrosa Company Ltd v Commission of the European Communities (T-170/06)

Judgment of 11 Jul 2007

law://eu/cjeu/2006/t-170-06/para_70@2026-11-13

70Nor, moreover, does the Decision have the result of eliminating Alrosas freedom of contract On the contrary, it merely makes binding the individual commitments proposed by De Beers, within the scope of its own freedom of contract, to terminate its agreement with Alrosa. It might well be the case that it was in Alrosa's interest to substitute an agreement with its main competitor for the risks that competition gives rise to. However, neither the interest that the partner of a dominant undertaking might have in tying itself to that undertaking by an agreement nor the other circumstances peculiar to that partner, should, according to the case-law, be taken into account for the purposes of the application of Article 82 EC {Hoffmann-La Roche v Commission, paragraphs 89 and 91; Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 71; Case C-393/92 Almelo and Others [1994] ECR I-1477, paragraph 44; and Case T-65/89 BPB Industries and British Gypsum v Commission [1993] ECR II-389, paragraph 68).

Alrosa Company Ltd v Commission of the European Communities (T-170/06)

Key facts

History · 1 version

Connections