Court of Justice of the European Communities (including Court of First Instance Decisions)
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NV Nederlandsche Banden Industrie Michelin v Commission of the European Communities. [1983] EUECJ C-322/81 (9 November 1983)
URL: http://www.bailii.org/eu/cases/EUECJ/1983/C32281.html Cite as:
ECLI:EU:C:1983:313,
[1985] ECR 3461,
[1983] ECR 3461,
EU:C:1983:313,
[1983] EUECJ C-322/81
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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
1 . COMMUNITY LAW - PRINCIPLES - OBSERVANCE OF THE RIGHTS OF THE DEFENCE - FUNDAMENTAL PRINCIPLE - AMBIT - COMPETITION - ADMINISTRATIVE PROCEDURE - SCOPE OF THE PRINCIPLE ( REGULATION NO 17 OF THE COUNCIL , ART . 19 ( 1 ); REGULATION NO 99/63 OF THE COMMISSION , ART . 4 ) 2.COMPETITION - ADMINISTRATIVE PROCEDURE - OBSERVANCE OF THE RIGHTS OF THE DEFENCE - NON-DISCLOSURE TO THE UNDERTAKING CONCERNED OF INFORMATION COVERED BY THE PRINCIPLE OF THE NON-DISCLOSURE OF BUSINESS SECRETS - USE OF THAT INFORMATION FOR THE PURPOSES OF THE FINAL DECISION - LIMITS ( REGULATION NO 17 OF THE COUNCIL , ART . 19 ( 1 ) AND 20 ( 2 )) 3.ACTS OF THE INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION - SCOPE ( EEC TREATY , ART . 190 ) 4.COMPETITION - ADMINISTRATIVE PROCEDURE - OBSERVANCE OF THE RIGHTS OF THE DEFENCE - STATEMENT OF OBJECTIONS - NECESSARY CONTENTS - SCOPE - INDICATIONS AS REGARDS THE LEVEL OF THE FINES ENVISAGED - PREMATURE INDICATIONS ( REGULATION NO 17 OF THE COUNCIL , ART . 19 ( 1 ); REGULATION NO 99/63 OF THE COMMISSION , ART . 4 ) 5.COMPETITION - DOMINANT POSITION - RELEVANT MARKET - GEOGRAPHICAL DEFINITION - CRITERIA ( EEC TREATY , ART . 86 ) 6.COMPETITION - DOMINANT POSITION - CONCEPT ( EEC TREATY , ART . 86 ) 7.COMPETITION - DOMINANT POSITION - RELEVANT MARKET - DEFINITION - CRITERIA ( EEC TREATY , ART . 86 ) 8.COMPETITION - DOMINANT POSITION - RELEVANT MARKET - DEFINITION - CRITERIA - COMPLETE ABSENCE OF COMPETITION FROM OTHER PARTIALLY INTERCHANGEABLE PRODUCTS - NOT A PRE-CONDITION ( EEC TREATY , ART . 86 ) 9.COMPETITION - DOMINANT POSITION - EXISTENCE - EVIDENCE - ADVANTAGES OF BELONGING TO A GROUP OF UNDERTAKINGS ( EEC TREATY , ART . 86 ) 10.COMPETITION - DOMINANT POSITION - EXISTENCE - OBLIGATIONS OF THE DOMINANT UNDERTAKING ( EEC TREATY , ART . 86 ) 11.COMPETITION - DOMINANT POSITION - EXISTENCE - INCONCLUSIVE EVIDENCE ( EEC TREATY , ART . 86 ) 12.COMPETITION - DOMINANT POSITION - ABUSE - CONCEPT ( EEC TREATY , ART . 86 ) 13.COMPETITION - DOMINANT POSITION - ABUSE - QUANTITY DISCOUNTS - LOYALTY REBATES - CLASSIFICATION ( EEC TREATY , ART . 86 ) 14.COMPETITION - DOMINANT POSITION - ABUSE - SYSTEM OF DISCOUNTS LINKED TO THE ATTAINMENT OF SALES TARGETS - CLASSIFICATION AS AN ABUSIVE PRACTICE - CRITERIA OF ASSESSMENT ( EEC TREATY , ART . 86 ) 15.COMPETITION - DOMINANT POSITION - EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA ( EEC TREATY , ART . 86 ) 16.COMPETITION - COMMUNITY RULES - INFRINGEMENTS - FINES - DETERMINATION - CRITERIA - TOTAL TURNOVER OF THE UNDERTAKING CONCERNED - TURNOVER IN THE GOODS IN RESPECT OF WHICH THE INFRINGEMENT IS COMMITTED - TAKING INTO CONSIDERATION - JURISDICTION OF THE COURT - SCOPE ( REGULATION NO 17 OF THE COUNCIL , ART . 15 ( 2 ))