“Buma/Stemra v. ABMD et al.”
摘要
The mere fact that there is a direct disadvantage for the affected customers (here: the ABMD members), which are charged a higher price for an equivalent service than their competitors (the streaming services), does not mean that competition is or could be distorted. The obvious conclusion that said price disparity can place the paying customers (here: ABMD members) at a disadvantage when competing with customers not charged a fee (here: the steaming services) is insufficient to establish a competitive disadvantage within the meaning of Art. 102(c) TFEU, as there must be an assessment of how the price disparity actually impacts the competitive status of the customers (here: the individual ABMD members).
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