Tomra Systems ASA and Others v European Commission (C-549/10 P)

Judgment of 19 Apr 2012

law://eu/cjeu/2010/c-549-10/para_19@2026-11-13

19It must be observed in that regard that where the Commission undertakes an assessment of the conduct of an undertaking in a dominant position, that assessment being an essential prerequisite of a finding that there is an abuse of such a position, the Commission is necessarily required to assess the business strategy pursued by that undertaking. For that purpose, it is clearly legitimate for the Commission to refer to subjective factors, namely the motives underlying the business strategy in question.

Tomra Systems ASA and Others v European Commission (C-549/10 P)

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