WHICH THE COMMISSION REFERRED IN ITS DECISION , HAVE NOT BEEN DENIED . IN FACT IN THE CASE OF CERTAIN TYPES OF TYRE THE MICHELIN GROUP IS THE ONLY SUPPLIER ON THE MARKET TO OFFER THEM IN ITS RANGE .
56 THAT SITUATION ENSURES THAT ON THE NETHERLANDS MARKET A LARGE NUMBER OF USERS OF HEAVY-VEHICLE TYRES HAVE A STRONG PREFERENCE FOR MICHELIN TYRES . AS THE PURCHASE OF TYRES REPRESENTS A CONSIDERABLE INVESTMENT FOR A TRANSPORT UNDERTAKING AND SINCE MUCH TIME IS REQUIRED IN ORDER TO ASCERTAIN IN PRACTICE THE COST-EFFECTIVENESS OF A TYPE OR BRAND OF TYRE , MICHELIN NV THEREFORE ENJOYS A POSITION WHICH RENDERS IT LARGELY IMMUNE TO COMPETITION . AS A RESULT , A DEALER ESTABLISHED IN THE NETHERLANDS NORMALLY CANNOT AFFORD NOT TO SELL MICHELIN TYRES .
57 IT IS NOT POSSIBLE TO UPHOLD THE OBJECTIONS MADE AGAINST THOSE ARGUMENTS BY MICHELIN NV , SUPPORTED ON THIS POINT BY THE FRENCH GOVERNMENT , THAT MICHELIN NV IS THUS PENALIZED FOR THE QUALITY OF ITS PRODUCTS AND SERVICES . A FINDING THAT AN UNDERTAKING HAS A DOMINANT POSITION IS NOT IN ITSELF A RECRIMINATION BUT SIMPLY MEANS THAT , IRRESPECTIVE OF THE REASONS FOR WHICH IT HAS SUCH A DOMINANT POSITION , THE UNDERTAKING CONCERNED HAS A SPECIAL RESPONSIBILITY NOT TO ALLOW ITS CONDUCT TO IMPAIR GENUINE UNDISTORTED COMPETITION ON THE COMMON MARKET .
58 DUE WEIGHT MUST ALSO BE ATTACHED TO THE IMPORTANCE OF MICHELIN NV ' S NETWORK OF COMMERCIAL REPRESENTATIVES , WHICH GIVES IT DIRECT ACCESS TO TYRE USERS AT ALL TIMES . MICHELIN NV HAS NOT DISPUTED THE FACT THAT IN ABSOLUTE TERMS ITS NETWORK IS CONSIDERABLY LARGER THAN THOSE OF ITS COMPETITORS OR CHALLENGED THE DESCRIPTION , IN THE DECISION AT ISSUE , OF THE SERVICES PERFORMED BY ITS NETWORK WHOSE EFFICIENCY AND QUALITY OF SERVICE ARE UNQUESTIONED . THE DIRECT ACCESS TO USERS AND THE STANDARD OF SERVICE WHICH THE NETWORK CAN GIVE THEM ENABLES MICHELIN NV TO MAINTAIN AND STRENGTHEN ITS POSITION ON THE MARKET AND TO PROTECT ITSELF MORE EFFECTIVELY AGAINST COMPETITION .
59 AS REGARDS THE ADDITIONAL CRITERIA AND EVIDENCE TO WHICH MICHELIN NV REFERS IN ORDER TO DISPROVE THE EXISTENCE OF A DOMINANT POSITION , IT MUST BE OBSERVED THAT TEMPORARY UNPROFITABILITY OR EVEN LOSSES ARE NOT INCONSISTENT WITH THE EXISTENCE OF A DOMINANT POSITION . BY THE SAME TOKEN , THE FACT THAT THE PRICES CHARGED BY MICHELIN NV DO NOT CONSTITUTE AN ABUSE AND ARE NOT EVEN PARTICULARLY HIGH DOES NOT JUSTIFY THE CONCLUSION THAT A DOMINANT POSITION DOES NOT EXIST . FINALLY , NEITHER THE SIZE , FINANCIAL STRENGTH AND DEGREE OF DIVERSIFICATION OF MICHELIN NV ' S COMPETITORS AT THE WORLD LEVEL NOR THE COUNTER POISE ARISING FROM THE FACT THAT BUYERS OF HEAVY-VEHICLE TYRES ARE EXPERIENCED TRADE USERS ARE SUCH AS TO DEPRIVE MICHELIN NV OF ITS PRIVILEGED POSITION ON THE NETHERLANDS MARKET .
60 IT MUST THEREFORE BE CONCLUDED THAT THE OTHER CRITERIA AND EVIDENCE RELEVANT IN THIS CASE