Now we turn to a set of post 2009 judgments, which allow us to see how far the Commission’s new approach has an impact. Please read both the judgment and the Opinion of the Advocate General. Obviously the first case was originally decided before the Guidance Paper was issued, and technically the next two should not be affected by the paper, nevertheless it is worth exploring where the court is going. The paper by Ibanez Colomo is helpful in suggesting an alternative reason for the developments in the Court’s case law.
Case C-202/07P France Télécom SA v Commission  ECR I-2369
Case C-52/09 Telia Sonera  ECR-527
Case C-209/10 Post Danmark Judgment of 27 March 2012
Ibanez Colomo ‘The Law on Abuses of Dominance and the System of Judicial Remedies’ LSE Law, Society and Economy Working Papers 13/2013
US Department of Justice Competition and Monopoly: Single Firm Conduct Under Section 2 of the Sherman Act (2008) ch.3 (available at: www.usdoj.gov/atr/public/reports/236681.htm)
Marquis and Rousseva ‘Hell Freezes Over: A Climate Chance for Assessing Exclusionary Conduct Under Article 102 TFEU’ (2012) Journal of European Competition Law and Practice 1