TIME , IMPOSES ON ALL OTHER UNDERTAKINGS FOR TELEMARKETING OPERATIONS A CONDITION WHICH IT DOES NOT IMPOSE ON ITSELF FOR THE SAME OPERATIONS , NAMELY THE CONDITION THAT IT MUST NOT USE ITS OWN TELEPHONE NUMBER ; THAT IS AN UNFAIR TRADING CONDITION WITHIN THE MEANING OF ARTICLE 86 ( A ). SECONDLY , INFORMATION PUBLICITE SUBJECTS THE CONCLUSION OF CONTRACTS TO THE ACCEPTANCE OF SUPPLEMENTARY OBLIGATIONS WHICH HAVE NO CONNECTION WITH THE SUBJECT OF THE CONTRACTS , AND THAT IS CONTRARY TO ARTICLE 86 ( D ).
25 IN ORDER TO ANSWER THE NATIONAL COURT ' S SECOND QUESTION , REFERENCE MUST FIRST BE MADE TO THE AFORESAID JUDGMENT OF 6 MARCH 1974 ( COMMERCIAL SOLVENTS ), IN WHICH THE COURT HELD THAT AN UNDERTAKING WHICH HOLDS A DOMINANT POSITION ON A MARKET IN RAW MATERIALS AND WHICH , WITH THE OBJECT OF RESERVING THOSE MATERIALS FOR ITS OWN PRODUCTION OF DERIVATIVES , REFUSES TO SUPPLY A CUSTOMER WHO ALSO PRODUCES THOSE DERIVATIVES , WITH THE POSSIBILITY OF ELIMINATING ALL COMPETITION FROM THAT CUSTOMER , IS ABUSING ITS DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 .
26 THAT RULING ALSO APPLIES TO THE CASE OF AN UNDERTAKING HOLDING A DOMINANT POSITION ON THE MARKET IN A SERVICE WHICH IS INDISPENSABLE FOR THE ACTIVITIES OF ANOTHER UNDERTAKING ON ANOTHER MARKET . IF , AS THE NATIONAL COURT HAS ALREADY HELD IN ITS ORDER FOR REFERENCE , TELEMARKETING ACTIVITIES CONSTITUTE A SEPARATE MARKET FROM THAT OF THE CHOSEN ADVERTISING MEDIUM , ALTHOUGH CLOSELY ASSOCIATED WITH IT , AND IF THOSE ACTIVITIES MAINLY CONSIST IN MAKING AVAILABLE TO ADVERTISERS THE TELEPHONE LINES AND TEAM OF TELEPHONISTS OF THE TELEMARKETING UNDERTAKING , TO SUBJECT THE SALE OF BROADCASTING TIME TO THE CONDITION THAT THE TELEPHONE LINES OF AN ADVERTISING AGENT BELONGING TO THE SAME GROUP AS THE TELEVISION STATION SHOULD BE USED AMOUNTS IN PRACTICE TO A REFUSAL TO SUPPLY THE SERVICES OF THAT STATION TO ANY OTHER TELEMARKETING UNDERTAKING . IF , FURTHER , THAT REFUSAL IS NOT JUSTIFIED BY TECHNICAL OR COMMERCIAL REQUIREMENTS RELATING TO THE NATURE OF THE TELEVISION , BUT IS INTENDED TO RESERVE TO THE AGENT ANY TELEMARKETING OPERATION BROADCAST BY THE SAID STATION , WITH THE POSSIBILITY OF ELIMINATING ALL COMPETITION FROM ANOTHER UNDERTAKING , SUCH CONDUCT AMOUNTS TO AN ABUSE PROHIBITED BY ARTICLE 86 , PROVIDED THAT THE OTHER CONDITIONS OF THAT ARTICLE ARE SATISFIED .
27 IT MUST THEREFORE BE HELD IN ANSWER TO THE SECOND QUESTION THAT AN ABUSE WITHIN THE MEANING OF ARTICLE 86 IS COMMITTED WHERE , WITHOUT ANY OBJECTIVE NECESSITY , AN UNDERTAKING HOLDING A DOMINANT POSITION ON A PARTICULAR MARKET RESERVES TO ITSELF OR TO AN UNDERTAKING BELONGING TO THE SAME GROUP AN ANCILLARY ACTIVITY WHICH MIGHT BE CARRIED OUT BY ANOTHER UNDERTAKING AS PART OF ITS ACTIVITIES ON A NEIGHBOURING BUT SEPARATE MARKET , WITH THE POSSIBILITY OF ELIMINATING ALL COMPETITION FROM SUCH UNDERTAKING .
Decision on costs
COSTS
28 THE COSTS INCURRED BY THE GOVERNMENT OF THE