Newsletter-21

133 COMPETITION LAW would be unable to profit and operate in the downstream market on a lasting basis. Prominent Decisions of the Court of Justice of the European Union on Price Squeeze Below, some of the most prominent decisions of the Court of Jus- tice of the European Union (“CJEU”) on price squeeze are succinctly briefed. Judgment of the CJEU in Deutsche Telekom AG v. Commission 5 The CJEU issued its judgment in the  Deutsche Telekom AG v. Commission Case consisting of the dismissal of the appeal filed by Deutsche TelekomAG (“Deutsche Telekom”) against the judgment of the Court of First Instance (now the General Court) and the upholding of the €12.6 million fine imposed by the Commission on Deutsche Telekom for abuse of its dominant position in the fixed telephony markets in Germany. That abuse consisted of charging competitors prices for network access services (‘local loop access services’) that were higher than the retail prices, which Deutsche Telekom’s end- users were charged for access. Such pricing forced competitors to charge their end-users prices higher than those that Deutsche Telekom charged its own end-users. According to the CJEU, Deutsche Telekom strengthened its dominant position by squeezing the margins of its competitors, and consequently, caused damage to consumers by limit- ing the choices available to them 6 . 5 Case C-280/08 P - Deutsche Telekom AG v. Commission , Judgment of 14.10.2010, ECLI: EU:C:2010:603. 6 Court of Justice of the European Union, Press Release No 104/10, Luxembourg, 14.10.2010, available at: http://europa.eu/rapid/press-release_CJE-10-104_en.pdf (Accessed on: 07.12.2016).