THEM AND DEMONSTRATED THE EXISTENCE OF DISCRIMINATION .
89 HOWEVER , IT IS CLEAR FROM WHAT HAS BEEN STATED REGARDING THE OPERATION OF THE DISCOUNT SYSTEM THAT THE AMOUNT OF THE ANNUAL VARIABLE DISCOUNT DEPENDED PRIMARILY ON THE DEALER ' S TURNOVER IN MICHELIN TYRES WITHOUT DISTINCTION OF CATEGORY AND NOT ON THE NUMBER OF HEAVY-VEHICLE TYRES PURCHASED BY THE DEALER . FURTHERMORE , DURING THE ORAL PROCEDURE THE COMMISSION HAD TO ADMIT THAT IT HAD MADE A MISTAKE AS REGARDS CERTAIN EVIDENCE CONTAINED IN THE CUSTOMERS ' FILES USED BY MICHELIN NV FOR THE PURPOSES OF ITS DISCOUNT SYSTEM . THE POSSIBILITY CANNOT BE EXCLUDED THAT THIS IS THE EXPLANATION FOR CERTAIN INCONSISTENCIES AND ANOMALIES WHICH THE COMMISSION THOUGHT IT COULD DISCERN IN THE DOCUMENTS WHICH IT EXAMINED .
90 ALTHOUGH A SYSTEM BASED ON INDIVIDUAL SALES TARGETS FIXED OR AGREED EVERY YEAR FOR EACH DEALER NECESSARILY INVOLVES CERTAIN DIFFERENCES BETWEEN THE RATES OF DISCOUNT GRANTED TO DIFFERENT DEALERS FOR THE SAME NUMBER OF PURCHASES AND ALTHOUGH IN ADDITION MICHELIN NV HAS ADMITTED THAT IT COULD NOT APPLY ITS SCALE OF DISCOUNTS MECHANICALLY , AS SOME DEALERS DID NOT ACCEPT AN AUTOMATIC REDUCTION IN THE DISCOUNT AS A RESULT OF A REDUCTION IN TURNOVER , IT HAS NOT BEEN ESTABLISHED THAT SUCH DIFFERENCES IN TREATMENT BETWEEN DIFFERENT DEALERS ARE DUE TO THE APPLICATION OF UNEQUAL CRITERIA AND THAT THERE ARE NO LEGITIMATE COMMERCIAL REASONS CAPABLE OF JUSTIFYING THEM . IT IS NOT THEREFORE POSSIBLE TO INFER FROM SUCH DIFFERENCES THAT MICHELIN NV DISCRIMINATED AGAINST CERTAIN DEALERS .
91 IT MUST THEREFORE BE CONCLUDED THAT THE COMMISSION HAS NOT SUCCEEDED IN DEMONSTRATING THAT THE DISCOUNT SYSTEM IN QUESTION INVOLVED THE APPLICATION OF DISCRIMINATORY DISCOUNTS TO DIFFERENT DEALERS AND THAT THE DECISION AT ISSUE MUST BE DECLARED VOID IN SO FAR AS IT DECLARES IN ARTICLE 1 ( A ) THAT MICHELIN NV INFRINGED ARTICLE 86 BY APPLYING TO ITS DEALERS DISSIMILAR CONDITIONS IN RESPECT OF EQUIVALENT TRANSACTIONS .
( 2 ) THE EXTRA BONUS IN 1977
92 THE APPLICANT NEXT CHALLENGES THE FINDING REACHED BY THE COMMISSION IN THE DECISION AT ISSUE THAT MICHELIN NV ABUSED ITS DOMINANT POSITION BY GRANTING IN 1977 ON PURCHASES OF TYRES FOR LORRIES , BUSES AND SIMILAR VEHICLES AN EXTRA BONUS OF 0.5% CONDITIONAL UPON THE ATTAINMENT OF A TARGET FOR PURCHASES OF CAR TYRES .
93 IN THE COMMISSION ' S VIEW , THE EXTRA BONUS WAS INTENDED TO COMPEL DEALERS TO MAKE A SPECIAL EFFORT ON THE MARKET IN CAR TYRES SO THAT THEY MIGHT RECEIVE A BONUS ON SALES OF HEAVY-VEHICLE TYRES . THAT , IT CLAIMS , IS A COMMERCIAL PRACTICE SIMILAR TO THAT COVERED BY ARTICLE 86 ( D ).
94 MICHELIN NV CONTENDS THAT THE COMMISSION RELIED UPON AN INCORRECT INTERPRETATION OF THE FACTS . IN ITS SUBMISSION THE EXTRA BONUS GRANTED IN 1977 CANNOT BE REGARDED AS A DISCOUNT ON HEAVY-VEHICLE TYRES SINCE IT WAS LINKED TO THE ATTAINMENT OF A TARGET FOR CAR TYRES . IT