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Höfner and Elser v Macrotron GmbH
''Höfner and Elser v Macrotron GmbH'' (1991) (Case C-41/90 ) is a leading EU competition law case, concerning the definition of an "undertaking" and abuse of a dominant position.
==Facts==
The German Federal Office for Employment (''Bundesanstalt'') possessed a statutory monopoly on placing employees with employers. German law also allowed the ''Bundesanstalt'' after consulting with workers and employers associations to entrust other institutions or people with employment procurement services under its supervision. It had become the practice that a number of executive recruitment businesses developed, to which the ''Bundesanstalt'' turned a blind eye. However, without the explicit approval of the ''Bundesanstalt'', acts, including contracts, which infringed the statutory provision were void under the German Civil Code.
Mr Höfner and Mr Elser were recruitment consultants who had placed a candidate as a sales director with a company called Macrotron GmbH. Macrotron GmbH had decided that they did not want the candidate. Mr Höfner and Mr Elser argued that the man was perfectly suitable, and sued for breach of contract. In its defence, Macrotron argued that any contract was void. Mr Höfner and Mr Elser therefore challenged the provision declaring the contract void under the EC competition law provision, Article 82.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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