[3] The Commission viewed United Brands' action as a breach of Article 86 of the Treaty of Rome (now Art 102 of the TFEU).

[4] Article 86 prohibits "abuse of a dominant position" of a relevant market.

The case was referred for a Preliminary Ruling to the European Court of Justice under Article 177 (now Art 267).

Agreeing with the Commission, the ECJ held that United Brands' behaviour was unlawful:

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