Margin squeeze: Opinion of AG Mazak in Telia Sonera

AG Mázak'opinion in the TeliaSonera case is out today. The Opinion aligns margin squeeze on refusal to deal. The AG argues that "TeliaSonera is right when it argues that a margin squeeze is abusive only where the dominant undertaking has a regulatory obligation to supply the input in question, or where that input is indispensable" and that "if there is no regulatory obligation compatible with EU law on a dominant undertaking to supply the products in question or if those products are not indispensable, then that undertaking should in principle not be charged with an abusive margin squeeze simply on the basis of the insufficient spread between wholesale and retail prices." Otherwise, the prices could only be abusives if predatory or excessive.