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Case T-851/14 Slovak Telekom v European Commission, General Court (Ninth Chamber), Judgement of 13 December 2018  Competition – Abuse of dominance – Article 102 TFEU – Refusal to supply – Essential facilities doctrine – Digital markets – Data access case – Ex ante regulation  In the Slovak Telekom judgement, the General Court of the European Union essentially specified that the indispensability condition in refusal to supply cases is automatically fulfilled when an ex ante sector-specific obligation to provide access is breached. This interpretation of the indispensability test might have great implications in access cases in digital markets, which are likely to be subject to ex ante rules. This contribution will develop into a comment as to the consequences of Slovak Telekom being used a precedent for future data access cases.

The Interpretation of the Indispensability Condition in Slovak Telekom and Its Consequences in Data Access Cases (T-851/14 Slovak Telekom)