RTE v Commission (1991)

Article 82 can apply to refusal to supply product
which is required by another party to produce different product, even if second
product is in competition with first and even if producer of first product
enjoys IP right.
RTE, broadcasting service, reserved right to publish
weekly schedule for its channels in Ireland.
Irish company sought to publish weekly guide on all
channels.
RTE wished to prevent this, claiming that it infringed
its copyright in weekly schedule for its channels.
Commission found this to be abuse of Article 86 (now
82).
CFI held copyright owner would not be protected if
manner of exercise of right was contrary to Article 86.
RTE trying to prevent emergence of new product that
would compete with its own TV guide.
This clearly went beyond what the essential function
of the copyright permitted in community law.
[Note Oscar
Bronner
case cast doubt on whether these really were IP rights – no
creativity etc]