Judgment_paragraph 76 · Servizio Elettrico Nazionale SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others (C-377/20)

76By contrast, those undertakings cannot make it more difficult for competitors which are as efficient to enter or remain on the market in question by using means other than those which come within the scope of competition on the merits. In particular, they must refrain from using their dominant position in order to extend that position over another market by means other than those which come within the scope of competition on the merits (see, to that effect, judgments of 3 October 1985, CBEM, 311/84, EU:C:1985:394, paragraph 25; of 14 November 1996, Tetra Pak v Commission, C‑333/94 P, EU:C:1996:436, paragraph 25, and of 17 February 2011, TeliaSonera, C‑52/09, EU:C:2011:83, paragraph 87).