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International Business Machines Corporation v. Commission

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IBM Corp. v. Commission
CourtEuropean Court of Justice
Full case name International Business Machines Corporation v. Commission of the European Communities
Citation(1981) Case 60/81
Keywords
Judicial review

International Business Machines Corporation v. Commission (1981) Case 60/81 is an EU law case, concerning judicial review in the European Union.

Facts

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The Commission initiated an investigation into IBM for engaging in anti-competitive practices such as offering bundles of hardware and software and refusing to provide software to customers unless hardware produced by IBM was used with it.

The Commission sent a letter to IBM informing it about the imminent proceedings for abusing its dominant position, under EU competition law, inviting it to put a case. IBM sought to challenge the letter in judicial review proceedings, and the question was whether the letter was a reviewable act.

Judgment

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The Court of Justice held this letter was not a reviewable act, just a preliminary decision, and that IBM could only legally challenge the investigation after the Commission made its final decision. IBM was also ordered to cover the legal costs of the case.

See also

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References

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