Continental Can v Commission (1973)

Shows that Article 82 applies to structural abuse and anti-competitiveness.
CC was US manufacturer of metal packaging.
Had presence in Europe through German firm it owned,
SLW.
Sought to purchase controlling interest in Dutch company,
TDV.
Commission found CC had dominant position in Europe
for certain types of packaging through SLW, and there had been abuse of position
by purchase of TDV.
ECJ held question is whether ‘abuse’ in Article 86
(now 82) refers only to practices of undertakings
which may affect the market, or refers to changes
in the
structure of an undertaking
which affect the market.
Concluded that strengthening of position of undertaking
may be abuse and prohibited under Article 86 (now 82).