Commercial Solvents Corporation v Commission [1974] European Court Reports 1974 -00223

Facts

• US company that manufactured raw material needed to make medical drug to treat tuberculosis.

• At some point, they decided not only to make raw material but also make the drug itself.

• Until then Commercial solvents had been supplying this to Italian company. So when they decided that they would make the drug themselves, they stopped supply of raw material to Italian company. From moment they decided to vertically integrate, they stopped supply.

• Italians complained and the court, after finding that commercial solvent were dominant, they looked at if refusal to supply was abusive.

Held

• It was, for two main reasons:

  1. Paid a lot of attention to the fact that the Italian company was a long-standing customer, i.e. that the Italian company had relied on commercial solvents for continuity of supplies.

  2. It was clear that intention of the US company was to drive the Italian company out of the market