HLR accused of abusive practices in vitamins market, one
of which was HLR’s practice of giving rebates to purchasers for promise on
their part to obtain all / most of their requirements from HLR.
ECJ held such a practice against Article 86 (now 82).
Not based on economic transaction which justifies this
burden, but are designed to deprive purchaser of his possible choices of
sources of supply and to deny other producers access to market.
ECJ evaluated relevance of market share as indication
of market power.
Then considered other factors.
Following were indicative of market power:
– Technological lead over competitors.
– Highly developed sales network.
– Absence of potential competition