Hofner and Elser v Macrotron Gmbh


1991. Eu competition law. undertkaings

abuse of dominant position

Ther German Federal Office for Employment had a monopoly on placing people on jobs

German law alos allowed this office to delegate some of its task to pther institutions


Bundestalt .

executive recruitment companies were created. the Bundestalt runed Nelson eyes to these.

it became too difficult to ginore this

Hofener and Elser were doing executive searches. tHEY Put forward for a job with Macrotron. He was rejectec because the company said they would only deal with the Undestalt. The two men sued saying there was a breach of contracr

Macrotron said the contract was void

The ECJ said even though the Bundestalt was a public body it was subject to competiton law

it was an undertaking. the Bundestatlt was not prioving a decent serive and so it lost its right. it had abused its dominant position



About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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