Abuse of Dominance: Imputation of Liability and Assessment of Exclusivity Clauses

In the case of Unilever Italia (No c-680/20), the ECJ preliminarily ruled in its judgment of 19 January 2023 that dominant companies may be held liable for abusive behaviour carried out by distributors in the absence of a corporate link. The ECJ also clarified the standard of proof regarding abuse of dominant position implemented through exclusivity clauses.


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