Relaxing whilst doing Competition Law is not an Oxymoron

Archive for July 24th, 2013

Chilling Case

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In hot Brussels, our friend Johan Ysewyn kindly points us out to a “chilling” case: abuse of dominance by freelance ski photographersSeems I am not the only competition geek on this planet

The facts are cool (cheap punning again). CAPSA runs the ski lift infrastructure of Cerro Catedral, Argentina.

CAPSA has contractually reserved the provision of photography services to DEFOTOS.COM.

And CAPSA has imposed an an extra fee for the use of lifts by freelance photographers.

The Argentinian Competition Commission and the Ministry of Commerce have found abusive discrimination.

This looks to me like the Argentinian version of  Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585 (1985).

However, unlike the US gem, this case is about a secondary line injury discrimination (the sole type of discrimination covered under Article 102 c) TFEU).

Written by Nicolas Petit

24 July 2013 at 12:26 pm

Posted in Case-Law