Breack of Article 81 and Article 82 of the Treaty of Rome by reason of predatory pricing, use of fighting ships and spreading rumors about insolvency of the claimant : [case review] Cover Image

Povreda članaka 81. i 82. Ugovora o osnivanju Europske zajednice određivanjem predatorskih cijena, upotrebom borbenih brodova te širenjem informacija o insolventnosti tužitelja : [prikaz presude]
Breack of Article 81 and Article 82 of the Treaty of Rome by reason of predatory pricing, use of fighting ships and spreading rumors about insolvency of the claimant : [case review]

Author(s): Božena Bulum
Subject(s): Civil Law, EU-Legislation, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: case review; liner conferences; fighting ship; Treaty of Rome (1957);

Summary/Abstract: The Conferences did not abuse their dominant position during the relevant period by reason of predatory pricing and use of fighting ships because their conduct in relation to price-setting was without eliminatory intent. Also, there wasn't any abuse of the Conferences' dominant position by spreading rumors about insolvency of the claimant because it has not been established that it was the policy of the conferences that such rumors should be circulated as a weapon in the rate war. The Conferences charged uniform or common rates and on none of the grounds upon the claimant is entitled to rely did the Conferences lose the protection of the block exemption, including the grounds of predatory pricing, use of fighting ships and spreading rumors about insolvency of the claimant.

  • Issue Year: 47/2008
  • Issue No: 162
  • Page Range: 201-207
  • Page Count: 7
  • Language: Croatian