Refusal to supply in EEC law

Flint, David (1982) Refusal to supply in EEC law. LL.M(R) thesis, University of Glasgow.

Abstract

The purpose of the study is to investigate the concept of a refusal to supply in the law of the European Economic Community, to consider the effect of such a refusal, the possible justifications therefor and the remedies open to the control authorities in combatting any undesirable effects thereof. The aim of the study is to provide a readily understood guide to the position such as would assist a practitioner in advising his clients on the conduct of their affairs. The study is primarily jurisprudentially based; an examination is made of each of the Decisions of the Commission and the judgments of the Court dealing with the problem and a set of tests drawn up for determining the circumstances in which a refusal to supply will be prohibited. An examination of the jurisprudence dealing with directly related topics is also made. The study considers the basic concepts of market dominance and abuse, and notes the basic economic theory underlying the Community competition system. A consideration is thereafter made of the application of Article 86 to distribution and supply and refusals to supply. Finally a brief consideration of concentration control is included. It is noted that the position of the dominant firm wishing to organise its selling in a particular fashion is precarious, since it has not only to comply with the requirements of Article 85(1) but has also to consider the possible application of Article 86 to its conduct. The study concludes that whilst Article 86 is able to deal with refusal to supply in most cases, there exists no doctrine of 'public utility' in the E.E.C. system. Should such a doctrine be required, the study concludes that this is a matter not so much for the Commission and the legal authorities but rather one for political determination.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Keywords: International law, European studies, Economics
• Date of Award: 1982
• Depositing User: Enlighten Team
• Unique ID: glathesis:1982-72119
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 17 May 2019 12:55
• Last Modified: 17 May 2019 12:55
• URI: https://theses.gla.ac.uk/id/eprint/72119