Keywords
Summary

Keywords

1 . COMPETITION - DOMINANT POSITION - LEGAL MONOPOLY ENJOYED BY MOTOR-VEHICLE MANUFACTURER FOR THE ISSUE OF CERTIFICATES OF CONFORMITY FOR VEHICLES PRODUCED BY IT - RELEVANT MARKET - MARKET FOR SERVICES SEPARATE FROM MARKET FOR THE PRODUCTS TO WHICH THOSE SERVICES RELATE - ECONOMIC DEPENDENCE OF RETAILERS ON PRODUCER

( EEC TREATY , ART . 86 )

2 . COMPETITION - DOMINANT POSITION - ABUSE - SELECTIVE DISTRIBUTION SYSTEM - OBSTACLES TO RE-IMPORTATION OF VEHICLES BY NON-AUTHORIZED RETAILERS

( EEC TREATY , ART . 86 )

3 . COMPETITION - DOMINANT POSITION - ABUSE - UNDERTAKING ENJOYING A LEGAL MONOPOLY - FEES DISPROPORTIONATE TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED

( EEC TREATY , ART . 86 )

Summary

1 . IN A MEMBER STATE A MOTOR-VEHICLE MANUFACTURER WHICH , AS FAR AS VEHICLES PRODUCED BY IT ARE CONCERNED , ENJOYS A LEGAL MONOPOLY AS A RESULT OF THE APPLICABLE RULES FOR THE ISSUE OF THE CERTIFICATES OF CONFORMITY WHICH ARE REQUIRED FOR THE REGISTRATION OF SUCH VEHICLES MUST , HAVING REGARD TO THE POSITION OF ECONOMIC DEPENDENCE IN WHICH RETAILERS ARE PLACED , BE REGARDED AS OCCUPYING A DOMINANT POSITION IN THE MARKET OF SERVICES INDISPENSABLE FOR RETAILERS , WHICH IS A MARKET ANCILLARY TO BUT SEPARATE FROM THAT OF THE SALE OF VEHICLES .

2 . A MOTOR-VEHICLE MANUFACTURER MAY NOT RELY ON THE SELECTIVE DISTRIBUTION SYSTEM IT HAS SET UP IN A MEMBER STATE IN ORDER TO CREATE , BY NOT RENEWING TYPE APPROVAL , OBSTACLES TO THE RE-IMPORTATION OF VEHICLES FROM OTHER MEMBER STATES BY RETAILERS OUTSIDE ITS DISTRIBUTION NETWORK . THE FACT THAT ITS SELECTIVE DISTRIBUTION SYSTEM HAS BEEN ACCEPTED BY THE COMMISSION CANNOT JUSTIFY SUCH A PRACTICE WHICH CONSTITUTES AN ABUSE OF A DOMINANT POSITION .

3 . AN UNDERTAKING ABUSES ITS DOMINANT POSITION WHERE IT HAS A LEGAL MONOPOLY AND CHARGES FOR ITS SERVICES FEES WHICH ARE DISPROPORTIONATE TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED .