ODBIJANjE PRUŽANjA USLUGA

Abstract

Refusal to provide services to another undertaking can be deemed as an abuse of dominant market position in exceptional circumstances only considering that undertakings are free to choose its trading partners. It means that refusal of services provision is unlawfully abusive if it is likely to lead to the elimination of effective if not all competition on a downstream market. It will be a case if refusal relates to a service that is objectively necessary for refused undertaking to do business effectively and if that refusal is not justified by technical or commercial reasons.