Tomra Systems ASA and Others v European Commission (C-549/10 P)
law://eu/cjeu/2010/c-549-10/para_42@2026-11-13
Key facts
Court
Court of Justice · Third Chamber
Case
C-549/10 P · ECLI:EU:C:2012:221
Decided
19 Apr 2012
Procedure
Action for annulment
Applicants
Tomra Systems ASA; Tomra Europe AS and 5 moreTomra Systems GmbH; Tomra Systems BV; Tomra Leergutsysteme GmbH; Tomra Systems AB; Tomra Butikksystemer AS
Defendant
European Commission
Rapporteur
R. Silva de Lapuerta
Advocate General
J. Mazák
Bench
5 judgesK. Lenaerts, R. Silva de Lapuerta, E. Juhász, G. Arestis, T. von Danwitz
42In fact, and as stated by the General Court in paragraph 241 of the judgment under appeal, the foreclosure by a dominant undertaking of a substantial part of the market cannot be justified by showing that the contestable part of the market is still sufficient to accommodate a limited number of competitors. First, the customers on the foreclosed part of the market should have the opportunity to benefit from whatever degree of competition is possible on the market and competitors should be able to compete on the merits for the entire market and not just for a part of it. Second, it is not the role of the dominant undertaking to dictate how many viable competitors will be allowed to compete for the remaining contestable portion of demand.