AND IN THE SALE OF USED MACHINES AND THE RENTING OUT OF MACHINES . THE ROLE OF THOSE UNDERTAKINGS ON THE MARKET IS THAT OF BUSINESSES WHICH REQUIRE SPARE PARTS FOR THEIR VARIOUS ACTIVITIES . THEY NEED SUCH PARTS IN ORDER TO PROVIDE SERVICES FOR CASH REGISTER USERS IN THE FORM OF MAINTENANCE AND REPAIRS AND FOR THE RECONDITIONING OF USED MACHINES INTENDED FOR RE-SALE OR RENTING OUT . FINALLY , THEY REQUIRE SPARE PARTS FOR THE MAINTENANCE AND REPAIR OF NEW OR USED MACHINES BELONGING TO THEM WHICH ARE RENTED OUT TO THEIR CLIENTS . IT IS , MOREOVER , ESTABLISHED THAT THERE IS A SPECIFIC DEMAND FOR HUGIN SPARE PARTS , SINCE THOSE PARTS ARE NOT INTERCHANGEABLE WITH SPARE PARTS FOR CASH REGISTERS OF OTHER MAKES .
8CONSEQUENTLY THE MARKET THUS CONSTITUTED BY HUGIN SPARE PARTS REQUIRED BY INDEPENDENT UNDERTAKINGS MUST BE REGARDED AS THE RELEVANT MARKET FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 86 OF THE FACTS OF THE CASE . IT IS IN FACT THE MARKET ON WHICH THE ALLEGED ABUSE WAS COMMITTED .
9IT IS NECESSARY TO EXAMINE NEXT WHETHER HUGIN OCCUPIES A DOMINANT POSITION ON THAT MARKET . IN THIS RESPECT HUGIN ADMITS THAT IT HAS A MONOPOLY IN NEW SPARE PARTS . FOR COMMERCIAL REASONS ANY COMPETING PRODUCTION OF SPARE PARTS WHICH COULD BE USED IN HUGIN CASH REGISTERS IS NOT CONCEIVABLE IN PRACTICE . HUGIN ARGUES NEVERTHELESS THAT ANOTHER SOURCE OF SUPPLY DOES EXIST , NAMELY THE PURCHASE AND DISMANTLING OF USED MACHINES . THE VALUE OF THAT SOURCE OF SUPPLY IS DISPUTED BY THE PARTIES . ALTHOUGH THE FILE APPEARS TO SHOW THAT THE PRACTICE OF DISMANTLING USED MACHINES IS CURRENT IN THE CASH REGISTER SECTOR IT CANNOT BE REGARDED AS CONSTITUTING A SUFFICIENT ALTERNATIVE SOURCE OF SUPPLY . INDEED THE FIGURES RELATING TO LIPTONS ' TURNOVER DURING THE YEARS WHEN HUGIN REFUSED TO SELL SPARE PARTS TO IT SHOW THAT LIPTONS ' BUSINESS IN THE SELLING , RENTING OUT AND REPAIRING OF HUGIN MACHINES DIMINISHED CONSIDERABLY , NOT ONLY WHEN EXPRESSED IN ABSOLUTE TERMS BUT EVEN MORE SO IN REAL TERMS , TAKING INFLATION INTO ACCOUNT .
10ON THE MARKET FOR ITS OWN SPARE PARTS , THEREFORE , HUGIN IS IN A POSITION WHICH ENABLES IT TO DETERMINE ITS CONDUCT WITHOUT TAKING ACCOUNT OF COMPETING SOURCES OF SUPPLY . THERE IS THEREFORE NOTHING TO INVALIDATE THE CONCLUSION THAT IT OCCUPIES , ON THAT MARKET , A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 .
HUGIN ' S CONDUCT ON THE MARKET
11THE COMMISSION TAKES THE VIEW THAT HUGIN ABUSED ITS DOMINANT POSITION BY REFUSING TO SUPPLY SPARE PARTS TO LIPTONS AND , GENERALLY , TO ANY INDEPENDENT UNDERTAKING OUTSIDE ITS OWN DISTRIBUTION NETWORK . THAT PRACTICE , WHICH RESULTS FROM HUGIN ' S POLICY OF RESTRICTING THE MAINTENANCE AND REPAIR OF HUGIN CASH REGISTERS TO ITS OWN TECHNICAL DEPARTMENTS , IS SAID TO CONSTITUTE AN ABUSE IN THAT ITS EFFECT IS TO PREVENT USERS OF HUGIN MACHINES FROM