MEANING OF ARTICLE 86 .
20 CENTRE BELGE CONSIDERS THAT SUCH CONDUCT CONSTITUTES AN ABUSE UNDER SEVERAL PROVISIONS OF ARTICLE 86 . WHERE A TELEVISION STATION SUBJECTS THE SALE OF BROADCASTING TIME FOR ANY TELEMARKETING OPERATION TO THE USE OF THE TELEPHONE NUMBER OF AN EXCLUSIVE ADVERTISING AGENT BELONGING TO THE SAME GROUP , SUCH CONDUCT AMOUNTS TO A REFUSAL OF SALE TO OTHER TELEMARKETING UNDERTAKINGS . AS REGARDS ADVERTISERS , SUCH CONDUCT AMOUNTS TO THE IMPOSITION OF AN ASSOCIATED SERVICE AND THE LIMITATION OF MARKETS PROHIBITED BY ARTICLE 86 ( D ) AND ( B ). ULTIMATELY IT ENABLES THE AGENT TO IMPOSE ON ADVERTISERS UNFAIR PRICES CONTRARY TO ARTICLE 86 ( A ).
21 COMPAGNIE LUXEMBOURGEOISE AND INFORMATION PUBLICITE MAINTAIN THAT , WHERE AN UNDERTAKING TO WHICH A STATE HAS GRANTED EXCLUSIVE RIGHTS AND WHICH THUS OCCUPIES A DOMINANT POSITION RESERVES TO ITSELF OR TO A COMPANY WITH WHICH IT HAS COMMON INTERESTS ANCILLARY ACTIVITIES WHICH COULD BE CARRIED OUT BY ANOTHER UNDERTAKING , THIS DOES NOT IN ITSELF AMOUNT TO AN ABUSE OF A DOMINANT POSITION . THE UNDERTAKING WHICH OCCUPIES THE DOMINANT POSITION MUST IN ADDITION USE IT TO OBTAIN ADVANTAGES WHICH IT COULD NOT OBTAIN IF THERE WERE EFFECTIVE COMPETITION AND ITS CONDUCT MUST BE LIKELY TO HARM CONSUMERS , FOR EXAMPLE , BY THE IMPOSITION OF UNFAIR PRICES OR CONDITIONS .
22 COMPAGNIE LUXEMBOURGEOISE MAINTAINS THAT THE DECISION NO LONGER TO USE THE SERVICES OF CENTRE BELGE AND ITS TELEPHONISTS CANNOT BE REGARDED AS AN ABUSE WHEN IT IS DUE TO THE LAWS OF TRADE ; NOR CAN THE REQUIREMENT THAT ADVERTISERS , IN ANY ' TELE-ANSWER ' OPERATION CONDUCTED BY RTL , SHOULD USE ONLY THE TELEPHONE NUMBER OF RTL ' S EXCLUSIVE AGENT AMOUNT TO AN ABUSE WHEN IT IS INSPIRED BY THE CLOSE LINKS BETWEEN THE TWO SERVICES SUPPLIED AND IS NECESSARY IN PRACTICE TO PRESERVE THE TELEVISION STATION ' S IMAGE .
23 THE COMMISSION INFERS FROM THE JUDGMENT OF THE COURT OF 6 MARCH 1974 IN JOINED CASES 6 AND 7/73 ( COMMERCIAL SOLVENTS AND OTHERS V COMMISSION ( 1974 ) ECR 223 ) THAT THERE IS AN ABUSE OF A DOMINANT POSITION FOR THE PURPOSES OF ARTICLE 86 WHERE AN UNDERTAKING WHICH OCCUPIES A DOMINANT POSITION ON A MARKET AND WHICH IS THUS ABLE TO CONTROL THE ACTIVITIES OF OTHER UNDERTAKINGS ON A NEIGHBOURING MARKET DECIDES TO ESTABLISH ITSELF ON THE SECOND MARKET AND FOR NO GOOD REASON REFUSES TO SUPPLY THE PRODUCT OR SERVICE IN QUESTION ON THE MARKET WHERE IT ALREADY OCCUPIES A DOMINANT POSITION TO THE UNDERTAKINGS WHOSE ACTIVITIES ARE CENTRED ON THE MARKET WHICH IT IS PENETRATING .
24 EVEN IF THE CONDUCT IN ISSUE IN THE MAIN PROCEEDINGS WERE TO BE REGARDED NOT AS A REFUSAL TO SUPPLY BUT AS THE IMPOSITION OF A CONTRACTUAL CONDITION , IT WOULD , IN THE COMMISSION ' S VIEW , BE CONTRARY TO ARTICLE 86 . FIRST , INFORMATION PUBLICITE , AS A SELLER OF TELEVISION