‘According to settled case-law, for the purposes of applying Article [82] of the Treaty, the relevant product or service market includes products or services which are substitutable or sufficiently interchangeable with the product or service in question, not only in terms of their objective characteristics, by virtue of which they are particularly suitable for satisfying the constant needs of consumers, but also in terms of the conditions of competition and/or the structure of supply and demand on the market in question (Case 31/80 L’Oreal [1980] ECR 3775, paragraph 25; Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 37; Case C-62/86 AKZO Chemie v Commission[1991] ECR I-3359, paragraph 51; Case T-30/89 Hilti v Commission [1991] ECR II-1439, paragraph 64, and Case T-83/91 Tetra Pak v Commission [1994] ECR II-755, paragraph 63).’
Citations:
[1997] ECR II-923, T/504/93
Jurisdiction:
European
Cited by:
Cited – Attheraces Ltd and Another v British Horse Racing Board and Another ChD 21-Dec-2005
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use.
Held: BHB . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 01 May 2022; Ref: scu.236659