INFORMED ISTITUTO THAT THEREAFTER THESE PRODUCTS WOULD BE AVAILABLE ONLY IN SUCH QUANTITIES AS HAD ALREADY BEEN COMMITTED FOR RESALE . SINCE THEN CSC HAS CHANGED ITS POLICY AND SUPPLIED ISTITUTO EXCLUSIVELY WITH DEXTRO-AMINOBUTANOL FOR PROCESSING INTO BULK ETHAMBUTOL FOR SALE IN THE EEC AND ELSEWHERE AND FOR ITS OWN NEEDS, SINCE ISTITUTO HAD MEANWHILE DEVELOPED ITS OWN SPECIALITIES BASED ON ETHAMBUTOL .
8 IT IS NECESSARY THEREFORE TO EXAMINE IN TURN THE QUESTIONS
( A ) WHETHER THERE IS A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86,
( B ) WHICH MARKET MUST BE CONSIDERED TO DETERMINE THE DOMINANT POSITION,
( C ) WHETHER THERE HAS BEEN ANY ABUSE OF SUCH A POSITION,
( D ) WHETHER SUCH ABUSE MAY AFFECT TRADE BETWEEN MEMBER STATES AND
( E ) WHETHER THE APPLICANTS HAVE IN FACT ACTED AS AN ECONOMIC UNIT .
THE COMPLAINTS OF INFRINGEMENT OF THE RULES OF PROCEDURE AND INSUFFICIENT GROUNDS FOR THE DECISION WILL BE EXAMINED IN THIS CONTEXT .
( A ) DOMINANT POSITION
9 THE APPLICANTS DISPUTE THE FINDINGS IN THE DECISION IN QUESTION ACCORDING TO WHICH THE CSC-ISTITUTO GROUP 'HAS A DOMINANT POSITION IN THE COMMON MARKET FOR THE RAW MATERIAL NECESSARY FOR THE MANUFACTURE OF ETHAMBUTOL', ON THE BASIS THAT IT HAS 'A WORLD MONOPOLY IN THE PRODUCTION AND SALE OF NITROPROPANE AND AMINOBUTANOL '.
10 FOR THIS PURPOSE THEY RELY ON DOCUMENTS WHICH, THEY CLAIM, ESTABLISH THAT AMINOBUTANOL IS PRODUCED BY AT LEAST ONE OTHER ITALIAN COMPANY FROM BUTANONE, THAT A THIRD ITALIAN COMPANY MANUFACTURES ETHAMBUTOL FROM OTHER RAW MATERIAL, THAT A FRENCH COMPANY PRODUCED NITROPROPANE INDEPENDENTLY AND THAT ANOTHER UNDERTAKING HAS BROUGHT THIOPHENOL ON TO THE MARKET, A PRODUCT WHICH IS SAID TO BE USED IN EASTERN EUROPE TO PRODUCE ETHAMBUTOL .
11 FINALLY CSC PRODUCED A STATEMENT BY AN EXPERT ACCORDING TO WHICH THERE IS AT LEAST ONE PRACTICAL METHOD OF PRODUCING NITROPROPANE OTHER THAN THE METHOD USED BY CSC AND AT LEAST THREE OTHER PROCESSES FOR PRODUCING AMINOBUTANOL WITHOUT USING NITROPROPANE .
12 DURING THE COURSE OF THE ADMINISTRATIVE PROCEEDINGS THE APPLICANTS ADDUCED SOME OF THESE PARTICULARS IN SUPPORT OF A REQUEST THAT BEFORE TAKING A DECISION THE COMMISSION SHOULD OBTAIN AN EXPERT'S REPORT TO VERIFY THE ALLEGED MONOPOLY OF CSC AS REGARDS THE PRODUCTION OF RAW MATERIAL FOR THE MANUFACTURE OF ETHAMBUTOL . THE COMMISSION REJECTED THIS REQUEST, SINCE IT CONSIDERED THAT THE PARTICULARS RELIED ON, EVEN IF THEY WERE ESTABLISHED, WOULD NOT EFFECT THE SUBSTANCE OF ITS NOTICE OF OBJECTIONS . IN THE PRESENT PROCEEDINGS THE APPLICANTS RENEWED THEIR REQUEST FOR AN EXPERT'S REPORT ON THE POINT AT ISSUE .
13 THE COMMISSION REPLIED, WITHOUT BEING SERIOUSLY CHALLENGED, THAT THE PRODUCTION OF NITROPROPANE BY THE FRENCH COMPANY IS AT PRESENT ONLY IN AN EXPERIMENTAL STAGE AND THAT THE RESEARCHES OF THIS COMPANY HAVE BEEN DEVELOPED ONLY SUBSEQUENTLY TO THE EVENTS IN DISPUTE . THE INFORMATION AS TO THE POSSIBILITY OF MANUFACTURING ETHAMBUTOL BY USING THIOPHENOL IS TOO VAGUE AND UNCERTAIN TO BE SERIOUSLY CONSIDERED .