... the prejudice of consumers,4 applying discriminatory trading conditions to different parties5 and tie-ins.6 The abuse of refusals to supply, deriving its authority from article 82(b) is one of such abuses, which the article intends to prohibit. This abuse is quite wide in scope, and it is important to note that a refusal to supply does not automatically lead to a finding of abuse under Article 82. Despite the width of this area, this paper is limited to a discussion the elements that are fundamental to the application of the abuse. The paper further tries to argue that a rigid application of these elements to the abuse of refusal does not necessarily yield results that are in the long-term best interest of the Community. Elements fundamental to the application of the abuse of refusal to supply Dominance Article 86 [now 82] presupposes a link between the dominant position and the alleged abusive conduct'.7 ...

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