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The Interpretation of the Indispensability Condition in Slovak Telekom and Its Consequences in Data Access Cases (T-851/14 Slovak Telekom)

Federico Macchi


Case T-851/14 Slovak Telekom v European Commission, General Court (Ninth Chamber), Judgement of 13 December 2018
Competition – Abuse of dominance – Article 102 TFEU – Refusal to supply – Essential facilities doctrine – Digital markets – Data access case – Ex ante regulation
In the Slovak Telekom judgement, the General Court of the European Union essentially specified that the indispensability condition in refusal to supply cases is automatically fulfilled when an ex ante sector-specific obligation to provide access is breached. This interpretation of the indispensability test might have great implications in access cases in digital markets, which are likely to be subject to ex ante rules. This contribution will develop into a comment as to the consequences of Slovak Telekom being used a precedent for future data access cases.

Federico Macchi, Avvocato; LLM at the University of Gent; MA at the School of Economics of Warsaw; lawyer at Gianni Origoni Grippo Cappelli & Partners, Brussels. For correspondence: <>. The author would like to thank Virginia Debernardi for her valuable contribution.


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