One of the specializations of our office is competition lawin which we help our clients prevent risks of violating competition rules, set up correct processes and defend their interests before the Office for the Protection of Competition and the European Commission. Abuse of dominant position is a frequent topic that we deal with in the office within the framework of competition law.
In this context, we are also monitoring current decision-making practice. For this reason, we would like to draw attention to the recent judgment of the Court of Justice of the EU in case C-233/23, where the Court of Justice held that if a dominant company which, without due cause, refuses to connect its platform with another company's application, may commit abuse of its dominant position.
Refusal is only permissible in cases where it would jeopardize the security of the platform or would not be technically possible.
The above-mentioned judgment is of fundamental importance for assessing the behavior of technology companies whose services are closely linked to the applications or platforms of large business corporations.
Does your company operate in the technology sector and want to have your processes set up correctly? Write to us - we will be happy to discuss with you how to set up internal procedures in the most effective way.