54Furthermore, it follows from the Court’s case-law that a Member State will be in breach of the prohibitions laid down by Articles 102 and 106(1) TFEU if an undertaking to which it grants special or exclusive rights is led, merely by exercising the rights conferred on it, to abuse its dominant position or where those rights are liable to create a situation in which the undertaking is led to commit such abuses. On the other hand, the mere creation of a dominant position through the grant of special or exclusive rights within the meaning of Article 106(1) TFEU is not in itself incompatible with Article 102 TFEU (see, to that effect, judgment of 2 July 2015, Gullotta and Farmacia di Gullotta Davide & C., C‑497/12, EU:C:2015:436, paragraph 23).
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