THE RELEVANT MARKET BY ALLOWING IT TO BEHAVE TO AN APPRECIABLE EXTENT INDEPENDENTLY OF ITS COMPETITORS AND CUSTOMERS AND ULTIMATELY OF CONSUMERS .
7.FOR THE PURPOSE OF INVESTIGATING THE POSSIBLY DOMINANT POSITION OF AN UNDERTAKING ON A GIVEN MARKET , THE POSSIBILITIES OF COMPETITION MUST BE JUDGED IN THE CONTEXT OF THE MARKET COMPRISING THE TOTALITY OF THE PRODUCTS WHICH , WITH RESPECT TO THEIR CHARACTERISTICS , ARE PARTICULARLY SUITABLE FOR SATISFYING CONSTANT NEEDS AND ARE ONLY TO A LIMITED EXTENT INTERCHANGEABLE WITH OTHER PRODUCTS . HOWEVER , IT MUST BE NOTED THAT THE DETERMINATION OF THE RELEVANT MARKET IS USEFUL IN ASSESSING WHETHER THE UNDERTAKING CONCERNED IS IN A POSITION TO PREVENT EFFECTIVE COMPETITION FROM BEING MAINTAINED AND BEHAVE TO AN APPRECIABLE EXTENT INDEPENDENTLY OF ITS COMPETITORS AND CUSTOMERS AND CONSUMERS . FOR THIS PURPOSE , THEREFORE , AN EXAMINATION LIMITED TO THE OBJECTIVE CHARACTERISTICS ONLY OF THE RELEVANT PRODUCTS CANNOT BE SUFFICIENT : THE COMPETITIVE CONDITIONS AND THE STRUCTURE OF SUPPLY AND DEMAND ON THE MARKET MUST ALSO BE TAKEN INTO CONSIDERATION .
8.ALTHOUGH THE EXISTENCE OF A COMPETITIVE RELATIONSHIP BETWEEN TWO PRODUCTS DOES NOT PRESUPPOSE COMPLETE INTERCHANGEABILITY FOR A SPECIFIC PURPOSE , IT IS NOT A PRE-CONDITION FOR A FINDING THAT A DOMINANT POSITION EXISTS IN THE CASE OF A GIVEN PRODUCT THAT THERE SHOULD BE A COMPLETE ABSENCE OF COMPETITION FROM OTHER PARTIALLY INTERCHANGEABLE PRODUCTS AS LONG AS SUCH COMPETITION DOES NOT AFFECT THE UNDERTAKING ' S ABILITY TO INFLUENCE APPRECIABLY THE CONDITIONS IN WHICH THAT COMPETITION MAY BE EXERTED OR AT ANY RATE TO CONDUCT ITSELF TO A LARGE EXTENT WITHOUT HAVING TO TAKE ACCOUNT OF THAT COMPETITION AND WITHOUT SUFFERING ANY ADVERSE EFFECTS AS A RESULT OF ITS ATTITUDE .
9.IN ORDER TO ASSESS THE RELATIVE ECONOMIC STRENGTH OF AN UNDERTAKING AND ITS COMPETITORS ON THE MARKET OF A MEMBER STATE THE ADVANTAGES WHICH THOSE UNDERTAKINGS MAY DERIVE FROM BELONGING TO GROUPS OF UNDERTAKINGS OPERATING THROUGHOUT EUROPE OR EVEN THE WORLD MUST BE TAKEN INTO CONSIDERATION . THOSE ADVANTAGES MAY INCLUDE THE LEAD WHICH A GROUP HAS OVER ITS COMPETITORS IN THE MATTERS OF INVESTMENT AND RESEARCH AND THE SPECIAL EXTENT OF ITS RANGE OF PRODUCTS .
10.A FINDING THAT AN UNDERTAKING HAS A DOMINANT POSITION IS NOT IN ITSELF A RECRIMINATION BUT SIMPLY MEANS THAT , IRRESPECTIVE OF THE REASONS FOR WHICH IT HAS SUCH A POSITION , THE UNDERTAKING CONCERNED HAS A SPECIAL RESPONSIBILITY NOT TO ALLOW ITS CONDUCT TO IMPAIR GENUINE UNDISTORTED COMPETITION ON THE COMMON MARKET .
11.TEMPORARY UNPROFITABILITY OR EVEN LOSSES ARE NOT INCONSISTENT WITH THE EXISTENCE OF A DOMINANT POSITION . BY THE SAME TOKEN , THE FACT THAT THE PRICES CHARGED BY THE UNDERTAKING CONCERNED DO NOT CONSTITUTE AN ABUSE AND ARE NOT EVEN PARTICULARLY HIGH DOES NOT JUSTIFY THE CONCLUSION THAT A DOMINANT POSITION DOES NOT EXIST . FINALLY , NEITHER THE SIZE , FINANCIAL STRENGTH AND DEGREE OF DIVERSIFICATION OF THE UNDERTAKING ' S COMPETITORS AT THE WORLD LEVEL NOR THE COUNTERPOISE ARISING FROM THE