On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim proceedings against a FCO decision. The FCO had found that Scandlines, the owner and operator of the ferry port Puttgarden,…

On July 1, 2010, the European General Court rendered its judgment in the AstraZeneca case, dismissing for the most part AstraZeneca’s appeal against the Commission’s infringement decision of June 2005.  In that decision, the Commission had found AstraZeneca’s Losec to be dominant in the market for proton pump inhibitors, a type of medicine used for…