S ALLEGATIONS , THERE WAS NO MARKET OF ANY SIZE IN SAILBOARD COMPONENTS AS DISTINCT FROM WHOLE SAILBOARDS DURING VIRTUALLY THE ENTIRE PERIOD COVERED BY THE DECISION ( FROM 1974 TO 1981 ), THE DEMAND FOR SEPARATE COMPONENTS BEING ALMOST EXCLUSIVELY FOR SUPPLIES OF REPLACEMENT PARTS .
12 WITH REGARD TO THAT ARGUMENT IT SHOULD BE NOTED THAT THE QUESTION WHETHER OR NOT SUCH A MARKET EXISTED IS NOT WITHOUT IMPORTANCE FOR THE PURPOSES OF ESTABLISHING WHETHER THE CLAUSES AT ISSUE WERE COMPATIBLE WITH ARTICLE 85 ( 1 ). IN SO FAR AS IT IS SHOWN THAT THERE WAS PRACTICALLY NO TRADE IN SEPARATE COMPONENTS , IT CANNOT BE MAINTAINED THAT THE CLAUSES IN WINDSURFING INTERNATIONAL ' S LICENSING AGREEMENTS WERE CAPABLE OF PREVENTING , RESTRICTING OR DISTORTING COMPETITION IN REGARD TO THOSE COMPONENTS WITHIN THE COMMON MARKET .
13 ACCORDING TO WINDSURFING INTERNATIONAL , THERE WAS FOR A LONG TIME IN EUROPE ONLY A MARKET FOR COMPLETE SAILBOARDS , NAMELY WHOLE UNITS COMPRISING A BOARD AND A RIG . ONLY TOWARDS THE END OF 1981 DID VERY ADVANCED SURFERS BEGIN TO COMBINE RIGS WITH BOARDS DESIGNED FOR HIGHLY-SPECIALIZED USES AND EVEN ASSEMBLE THEIR OWN SAILBOARDS FROM INDIVIDUAL COMPONENTS . THIS GAVE RISE TO A DISTINCT MARKET , WHICH DID NOT , HOWEVER , EXCEED 1% OF TOTAL DEMAND AT THE RELEVANT TIME . A WHOLLY ARTIFICIAL DEMAND , WHICH SHOULD THEREFORE NOT BE TAKEN INTO ACCOUNT , DEVELOPED AFTER 1978 IN THE FEDERAL REPUBLIC OF GERMANY AS A RESULT OF THE PATENT GRANTED TO WINDSURFING INTERNATIONAL IN THAT COUNTRY ; BECAUSE THE PATENT UNQUESTIONABLY COVERED AT LEAST THE RIG , IT COMPELLED UNLICENSED MANUFACTURERS TO TRY TO PURCHASE PATENTED RIGS IN ORDER TO MOUNT THEM ON THEIR OWN BOARDS SO AS TO BE ABLE TO CONTINUE MARKETING THEIR SAILBOARDS ON THE GERMAN MARKET .
14 THE COMMISSION , HOWEVER , CONTENDS THAT EVEN IN THE PERIOD FROM 1978 TO 1981 THERE WAS , NOT ONLY IN GERMANY BUT ALSO IN OTHER COUNTRIES IN THE EEC SUCH AS FRANCE , A DEMAND FOR SEPARATE COMPONENTS GOING WELL BEYOND A SIMPLE DEMAND FOR REPLACEMENT PARTS . THE FACT THAT THE DEMAND ON THE GERMAN MARKET WAS LARGELY DUE TO THE PATENT SITUATION IN GERMANY IS NOT A SUFFICIENT REASON FOR LEAVING THAT DEMAND OUT OF ACCOUNT SINCE THE CONDITIONS CREATED BY THE EXISTENCE OF A PATENT CANNOT BE TREATED ANY DIFFERENTLY FROM THE OTHER CONDITIONS INFLUENCING THE BEHAVIOUR OF OPERATORS ON A GIVEN MARKET .
15 THE EXISTENCE OF A MARKET IN SEPARATE COMPONENTS MUST BE ESTABLISHED IN THE LIGHT OF THE FACTS INDICATED BY THE PARTIES IN THEIR PLEADINGS AND THE ADDITIONAL INFORMATION WHICH THEY HAVE FURNISHED AT THE COURT ' S REQUEST .
16 ON THAT POINT IT IS CLEAR FROM SALES CATALOGUES , FROM ADVERTISING MATERIAL AND FROM INFORMATION OBTAINED FROM MANUFACTURERS BY THE COMMISSION THAT SAILBOARD COMPONENTS ( BOARDS , RIGS , AND PARTS FOR RIGS ) WERE OFFERED FOR SALE AND SOLD SEPA RATELY FROM 1978