Re Italian Fiat Glass (1992)

Cobelli, glass wholesaler, alleged three producers of
flat glass were in breach of Treaty by maintaining agreed price lists and
identical conditions of sale.
Further, two of these companies were trying to achieve
full control not only of production but of distribution, by excluding from market
independent wholesaler-distributors.
Commission found there had been breaches of Articles 85
and 86 (now 81 and 82).
CFI held no reason to suppose term ‘undertaking’ in Article
86 has different meaning to that given to it in context of Article 85.
Nothing to prevent two or more independent economic
entities from being, on specific market, united by such economic links that
they hold dominant position.
However, not sufficient just to recycle facts
constituting infringement of Article 85 (now 81).
CFI held had been no breach of Article 86 (now 82).
[But important case nonetheless for affirming
existence in principle of collective dominance].