FOR THE MAINTENANCE AND REPAIR OF HUGIN CASH REGISTERS IN RELATION TO INDEPENDENT COMPANIES WHICH NEED A SUPPLY OF HUGIN SPARE PARTS . AS REGARDS THE RECONDITIONING OF USED MACHINES AND THE RENTING OUT OF SUCH MACHINES THE COMMISSION ALSO TAKES THE VIEW THAT HUGIN OCCUPIES A DOMINANT POSITION AS REGARDS CASH REGISTERS OF ITS OWN MANUFACTURE , SINCE UNDERTAKINGS ENGAGED IN SUCH ACTIVITIES DEPEND ON SUPPLIES OF HUGIN SPARE PARTS .
4HUGIN CONTESTS THE VALIDITY OF THE COMMISSION ' S FINDINGS ON THESE VARIOUS POINTS . IN ITS PRINCIPAL ARGUMENT IT STATES THAT THE SUPPLY OF SPARE PARTS AND OF MAINTENANCE SERVICES IS CERTAINLY NOT A SEPARATE MARKET BUT IS AN ESSENTIAL PARAMETER OF COMPETITION IN THE MARKET FOR CASH REGISTERS AS A WHOLE . IT STATES THAT ON THAT MARKET AFTER-SALES SERVICE AND THE QUALITY OF REPAIR AND MAINTENANCE SERVICES , INCLUDING THE SUPPLY OF SPARE PARTS , CONSTITUTE SUCH A SIGNIFICANT COMPETITIVE FACTOR THAT HUGIN RUNS THOSE SERVICES AT A LOSS .
5TO RESOLVE THE DISPUTE IT IS NECESSARY , FIRST , TO DETERMINE THE RELEVANT MARKET . IN THIS RESPECT ACCOUNT MUST BE TAKEN OF THE FACT THAT THE CONDUCT ALLEGED AGAINST HUGIN CONSISTS IN THE REFUSAL TO SUPPLY SPARE PARTS TO LIPTONS AND , GENERALLY , TO ANY INDEPENDENT UNDERTAKING OUTSIDE ITS DISTRIBUTION NETWORK . THE QUESTION IS , THEREFORE , WHETHER THE SUPPLY OF SPARE PARTS CONSTITUTES A SPECIFIC MARKET OR WHETHER IT FORMS PART OF A WIDER MARKET . TO ANSWER THAT QUESTION IT IS NECESSARY TO DETERMINE THE CATEGORY OF CLIENTS WHO REQUIRE SUCH PARTS .
6IN THIS RESPECT IT IS ESTABLISHED , ON THE ONE HAND , THAT CASH REGISTERS ARE OF SUCH A TECHNICAL NATURE THAT THE USER CANNOT FIT THE SPARE PARTS INTO THE MACHINE BUT REQUIRES THE SERVICES OF A SPECIALIZED TECHNICIAN AND , ON THE OTHER , THAT THE VALUE OF THE SPARE PARTS IS OF LITTLE SIGNIFICANCE IN RELATION TO THE COST OF MAINTENANCE AND REPAIRS . THAT BEING THE CASE , USERS OF CASH REGISTERS DO NOT OPERATE ON THE MARKET AS PURCHASERS OF SPARE PARTS , HOWEVER THEY HAVE THEIR MACHINES MAINTAINED AND REPAIRED . WHETHER THEY AVAIL THEMSELVES OF HUGIN ' S AFTER-SALES SERVICE OR WHETHER THEY RELY ON INDEPENDENT UNDERTAKINGS ENGAGED IN MAINTENANCE AND REPAIR WORK , THEIR SPARE PART REQUIREMENTS ARE NOT MANIFESTED DIRECTLY AND INDEPENDENTLY ON THE MARKET . WHILE THERE CERTAINLY EXISTS AMONGST USERS A MARKET FOR MAINTENANCE AND REPAIRS WHICH IS DISTINCT FROM THE MARKET IN NEW CASH REGISTERS , IT IS ESSENTIALLY A MARKET FOR THE PROVISION OF SERVICES AND NOT FOR THE SALE OF A PRODUCT SUCH AS SPARE PARTS , THE REFUSAL TO SUPPLY WHICH FORMS THE SUBJECT-MATTER OF THE COMMISSION ' S DECISION .
7ON THE OTHER HAND , THERE EXISTS A SEPARATE MARKET FOR HUGIN SPARE PARTS AT ANOTHER LEVEL , NAMELY THAT OF INDEPENDENT UNDERTAKINGS WHICH SPECIALIZE IN THE MAINTENANCE AND REPAIR OF CASH REGISTERS , IN THE RECONDITIONING OF USED MACHINES