Law Commons^™

Recent Decisions, Mark A. Schneider

Vanderbilt Journal of Transnational Law

This landmark decision is the first time that the Court of Justice has ordered a party abusing a dominant position to correct that abuse constructively, by requiring the monopolizer to sell to the complaining and injured party sufficient quantities to satisfy that party's requirements. Although not novel when compared with United States antitrust law, this is one large step beyond previous decisions within the EEC. The wide spectrum of remedies available under American law, ranging from criminal prosecution, to administrative orders, and to civil suits where the broad powers of equity are available, has not previously been applied within the …