ACTIVITY ANCILLARY TO ADVERTISING , IT MUST BE REGARDED AS OPERATING ON BEHALF OF ADVERTISERS RATHER THAN ON BEHALF OF THE BROADCASTER . TELEMARKETING CONSTITUTES A SEPARATE MARKET FROM THAT OF TELEVISION ADVERTISING AND ONE WHICH IS EXTREMELY OPEN AND IN WHICH EXTENSIVE COMPETITION IS POSSIBLE . IF COMPAGNIE LUXEMBOURGEOISE AND INFORMATION PUBLICITE DO OCCUPY A DOMINANT POSITION IN THE TELEVISION ADVERTISING MARKET FOR THE PURPOSES OF ARTICLE 86 , THE QUESTION THEN ARISES WHETHER THEIR CONDUCT AMOUNTS TO AN ABUSE OF THAT POSITION .
8 IN THOSE CIRCUMSTANCES THE VICE-PRESIDENT OF THE TRIBUNAL DE COMMERCE STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ( 1 ) THE INTERPRETATION OF THE CONCEPT OF A DOMINANT POSITION
IS THERE A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 OF THE EEC TREATY WHERE AN UNDERTAKING ENJOYS A LEGAL MONOPOLY FOR THE SUPPLY OF CERTAIN GOODS OR SERVICES AND WHERE , AS A RESULT , COMPETITION IN THE SUPPLY OF THOSE GOODS OR SERVICES IS EXCLUDED? DOES THE CONCEPT OF A DOMINANT POSITION IMPLY A REAL POSSIBILITY OF COMPETITION SUPPRESSED OR EXTINGUISHED BY THE ACTION OF THE PARTY WHICH OCCUPIES THE DOMINANT POSITION OR MAY IT APPLY IN A CONTEXT IN WHICH SUCH COMPETITION CANNOT EXIST OR IS , IN ANY EVENT , EXTREMELY LIMITED?
( 2)INTERPRETATION OF THE CONCEPT OF ABUSE OF A DOMINANT POSITION
WHERE , IN THE SITUATION ENVISAGED IN THE FIRST QUESTION , IT IS ACCEPTED THAT THE UNDERTAKING IN QUESTION OCCUPIES A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY , MUST THE CONDUCT OF SUCH AN UNDERTAKING BE INTERPRETED AS CONSTITUTING AN ABUSE OF A DOMINANT POSITION , WHERE THAT CONDUCT CONSISTS IN RESERVING FOR ITSELF OR FOR A SUBSIDIARY UNDER ITS CONTROL , TO THE EXCLUSION OF ANY OTHER UNDERTAKING , AN ANCILLARY ACTIVITY WHICH COULD BE CARRIED OUT BY A THIRD UNDERTAKING AS PART OF ITS ACTIVITIES?
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9 IT MUST BE OBSERVED AT THE OUTSET THAT SEVERAL OF THE ARGUMENTS PUT TO THE COURT BY THE PARTIES TO THE MAIN PROCEEDINGS AND BY THE COMMISSION RELATE TO PROBLEMS WHICH ARE NOT COVERED BY THE ABOVE QUESTIONS . THEY INCLUDE ARGUMENTS RELATING TO THE FINANCIAL AND COMMERCIAL RELATIONS BETWEEN COMPAGNIE LUXEMBOURGEOISE AND INFORMATION PUBLICITE , THE NATURE AND GEOGRAPHICAL EXTENT OF THE MARKET OR MARKETS IN ISSUE , THE POSITION IN LAW AND IN FACT OF COMPAGNIE LUXEMBOURGEOISE AND INFORMATION PUBLICITE ON THOSE MARKETS , THE QUESTION WHETHER THE CONDUCT OF THE COMPANIES HAS ANY EFFECT ON TRADE BETWEEN MEMBER STATES AND THE REASONS FOR REQUIRING THAT THE TELEPHONE NUMBER OF INFORMATION PUBLICITE BE USED IN ANY TELEMARKETING TRANSACTIONS INVOLVING THE RTL STATION .
10 IN THAT REGARD IT MUST BE EMPHASIZED THAT , BY VIRTUE OF THE DIVISION OF JURISDICTION PROVIDED FOR BY ARTICLE 177 IN PRELIMINARY-RULING PROCEEDINGS , IT IS FOR THE NATIONAL COURT ALONE TO ASSESS THE RELEVANCE OF SUCH ARGUMENTS AND TO MAKE A FRESH REQUEST TO THE