A DOMINANT POSITION FOR THESE PRODUCTS AND SERVICES IN THAT SUBSTANTIAL PART OF THE COMMON MARKET CONSISTING OF ENGLAND , SCOTLAND AND WALES . SUCH DOMINANT POSITION EXTENDS TO THE BUSINESS , SUCH AS LIPTONS CARRIED ON , OF RECONDITIONING AND REPAIRING USED HUGIN CASH REGISTERS WHICH ALSO DEPENDS UPON A SUPPLY OF HUGIN SPARE PARTS . AS THE BUSINESS OF RENTING OUT HUGIN CASH REGISTERS DEPENDS UPON A SUPPLY OF SPARE PARTS IN ORDER THAT THE OWNER MAY CARRY OUT HIS OWN MAINTENANCE AND REPAIR , HUGIN AB ALSO HAS A DOMINANT POSITION IN RELATION TO SUCH OWNERS .
IN CASES IN WHICH AN UNDERTAKING HOLDING A DOMINANT POSITION WITHIN THE COMMON MARKET OR IN A SUBSTANTIAL PART OF IT FOR THE SUPPLY OF CERTAIN PRODUCTS , AND IN PARTICULAR WHERE THE DOMINANT POSITION IS A MONOPOLY :
( A ) REFUSED WITHOUT OBJECTIVE JUSTIFICATION TO SUPPLY THOSE PRODUCTS TO EXISTING SUBSTANTIAL CUSTOMERS FOR AND USERS OF THE PRODUCTS , AND THE REFUSAL TO SUPPLY SERIOUSLY INJURES THE LATTER IN THEIR BUSINESS BY INTERFERING WITH AND ULTIMATELY PREVENTING THEM FROM CONTINUING TO OFFER A SERVICE OR TO CARRY ON A LINE OF BUSINESS , THEREBY ULTIMATELY ELIMINATING ALL COMPETITORS INDEPENDENT OF THE DOMINANT UNDERTAKING FROM THE MARKET FOR THAT SERVICE OR THAT LINE OF BUSINESS ; AND
( B ) PROHIBITS ITS SUBSIDIARIES AND DEALERS FROM SUPPLYING THOSE PRODUCTS OUTSIDE ITS OWN DISTRIBUTION NETWORK AND IN PARTICULAR TO BUYERS IN OTHER MEMBER STATES , THEREBY MAKING THE REFUSAL TO SUPPLY MORE EFFECTIVE BY DENYING THOSE PRODUCTS TO THE CUSTOMERS AND USERS IN QUESTION ,
SUCH CONDUCT AMOUNTS TO AN ABUSE OF A DOMINANT POSITION , WHERE IT CAUSES COMPETITION TO BE SUBSTANTIALLY RESTRICTED AND TRADE BETWEEN MEMBER STATES TO BE AFFECTED APPRECIABLY .
HUGIN AB , BOTH DIRECTLY AND THROUGH ITS SUBSIDIARIES , HAS ABUSED ITS DOMINANT POSITION IN THE COMMON MARKET IN EACH OF THE WAYS DESCRIBED ABOVE IN A MANNER LIKELY TO STRENGTHEN AND CONSOLIDATE ITS DOMINANT POSITION .
( A ) THE STATED POLICY OF HUGIN AB IS THAT SPARE PARTS FOR HUGIN CASH REGISTERS ARE ONLY DELIVERED TO ITS OWN SUBSIDIARIES AND ITS OWN AUTHORIZED DEALERS FOR THEIR OWN USE AND ARE NOT FOR RESALE . FROM THE MOMENT , THEREFORE , THAT A CASH REGISTER USER PURCHASES A HUGIN CASH REGISTER , THE RESULT OF HUGIN ' S REFUSAL TO SUPPLY IS TO MAKE THE USER IN QUESTION TOTALLY DEPENDENT ON HUGIN AB FOR THE SUPPLY OF SPARE PARTS AND , IN EFFECT , FOR THE MAINTENANCE AND REPAIR OF THAT MACHINE . PURCHASERS AND USERS ARE THEREBY PREVENTED FROM PURCHASING SUCH SPARE PARTS FROM ANY OTHER SOURCE AND ARE IN ADDITION THEREBY ALSO DEPRIVED OF THEIR FREEDOM TO CHOOSE WHERE THEY WILL OBTAIN THE MAINTENANCE AND REPAIR OF THEIR MACHINES .
LIPTONS ALLEGE , AND HUGIN AB DOES NOT DISPUTE THIS , THAT THE MAINTENANCE AND REPAIR OF HUGIN CASH REGISTERS IS WITHIN THE COMPETENCE OF ANYONE HAVING THE SKILL TO MAINTAIN AND