Judgment_paragraph 90 · Hilti AG v Commission of the European Communities (T-30/89)

90The Court of Justice has held (Case 27/76 United Brands v Commission [1978] ECR 207 and Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461) that the dominant position referred to in Article 86 of the Treaty relates to a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of its consumers; the existence of a dominant position may derive from a combination of several factors which, taken separately, are not necessarily determinative but among which a highly important one is the existence of very large market shares.

Hilti AG v Commission of the European Communities (T-30/89)

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