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considers that the claims of the dominant undertaking constitute
efficiency grounds, the Board will not fine the dominant undertaking.
The non-commercial credibility of the dominant undertaking, complete or
temporary interruption of supply due to capacity limits or non-fulfillment
of some safety requirement may be listed as efficiency grounds.
Conclusion
Since the refusal to supply brings an exception to the freedom of
contract, it constitutes one of the most important subjects of competition
law. Within this scope the conditions of such refusal should be determined
in quite a detailed way.
The regulation of this subject under the Draft Guidelines was a good
initiative. However, it would be more appropriate if the conditions of
such refusal were explained in detail and references were made to Board
decisions.