TO CONTINUED SUPPLY OF SPARE PARTS , IT CANNOT BE DEPRIVED OF THESE RIGHTS BY CONTRACTS MADE BETWEEN THE MANUFACTURERS AND THIRD PARTIES .
THE ABSUES BY HUGIN AB OF ITS DOMINANT POSITION APPRECIABLY AFFECT TRADE BETWEEN MEMBER STATES . THE PROHIBITION ON THE EXPORT OF SPARE PARTS FROM ALL MEMBER STATES TO ANY FIRM OTHER THAN AN AUTHORIZED DEALER DIRECTLY AFFECTS TRADE BETWEEN MEMBER STATES . THE REFUSAL BY HUGIN SUBSIDIARIES AND THE HUGIN DISTRIBUTOR IN OTHER MEMBER STATES TO SUPPLY LIPTONS WAS A RESULT OF HUGIN AB ' S COMMUNITY-WIDE POLICY AND AFFECTED TRADE BETWEEN THE UNITED KINGDOM AND THE MEMBER STATES INVOLVED . EVEN IF THE PROHIBITION IS REMOVED IN THE MANNER PROPOSED BY HUGIN AB , ITS POLICY OF REFUSING TO PERMIT SUPPLIES OF SPARE PARTS TO INDEPENDENT COMPANIES , SUCH AS LIPTONS , STILL EXISTS AND AFFECTS TRADE BETWEEN MEMBER STATES . HUGIN AB IS THEREBY PREVENTING LIPTONS FROM CARRYING ON ITS BUSINESS OF MAINTENANCE , REPAIR , RENTING OUT AND RECONDITIONING HUGIN CASH REGISTERS . LIPTONS HAS BEEN PREVENTED FROM CONTINUING TO EXPAND ITS BUSINESS WITHIN A SUBSTANTIAL PART OF THE COMMON MARKET AND IS UNABLE TO PURCHASE SPARE PARTS FROM OTHER MEMBER STATES . DUE TO THE SIZE OF HUGIN AB ' S SHARE OF THE OVERALL MARKET FOR CASH REGISTERS , THE DISTRIBUTION SYSTEM PRACTISED BY HUGIN AB UNDER WHICH ONLY DEALERS ARE SUPPLIED WITH SPARE PARTS TOGETHER WITH THE PROHIBITION IMPOSED ON SUCH DEALERS ON SELLING SPARE PARTS OUTSIDE THE HUGIN NETWORK , PREVENT THE OPERATION OF INDEPENDENT SERVICING COMPANIES ANYWHERE IN THE COMMON MARKET , AND HAS AN APPRECIABLE EFFECT ON THE STRUCTURE OF COMPETITION WITHIN THE COMMON MARKET .
B . APPLICABILITY OF ARTICLE 3 ( 1 ) OF REGULATION NO 17
UNDER ARTICLE 3 ( 1 ) OF REGULATION NO 17 , THE COMMISSION MAY , IF IT FINDS , ON APPLICATION OR ON ITS OWN INITIATIVE , THAT THERE HAS BEEN AN INFRINGEMENT OF ARTICLE 85 OR 86 OF THE TREATY , REQUIRE BY DECISION THAT THE UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS CONCERNED SHOULD BRING SUCH INFRINGEMENT TO AN END .
THE COMMISSION CONSIDERS , ON THE BASIS OF THE CONSIDERATIONS REFERRED TO ABOVE , THAT HUGIN AB AND ITS SUBSIDIARY HUGIN UK HAVE INFRINGED ARTICLE 86 OF THE EEC TREATY . THE COMMISSION ACCORDINGLY REQUIRE HUGIN AB TO BRING SUCH INFRINGEMENT TO AN END WITHOUT DELAY .
WITH REGARD TO THE MANNER IN WHICH SUCH INFRINGEMENT SHOULD BE BROUGHT TO AN END , THE COMMISSION CONSIDERS THAT HUGIN UK SHOULD TAKE IMMEDIATE STEPS TO ENSURE THAT SUPPLIES OF HUGIN SPARE PARTS ARE RESUMED TO LIPTONS IN RESPECT OF ITS NEEDS IN THE SHORT TERM AND ALSO , IN ORDER TO ENSURE THE MAINTENANCE OF EFFECTIVE COMPETITIVE CONDITIONS , THAT LIPTONS SHOULD RECEIVE IN THE LONG TERM SUFFICIENT SUPPLIES OF AVAILABLE SPARE PARTS TO MEET ITS REASONABLY FORESEEABLE REQUIREMENTS . THE PRICE FOR SUCH SPARE PARTS SHOULD BE AN APPROPRIATE MARKET PRICE BETWEEN THAT WHICH IS CURRENTLY