Judgment_paragraph 63 · Tetra Pak International SA v Commission of the European Communities (T-83/91)

63A preliminary point to note is that, according to settled case-law, the definition of the market in the relevant products must take account of the overall economic context, so as to be able to assess the actual economic power of the undertaking in question. In order to assess whether an undertaking is in a position to behave to an appreciable extent independently of its competitors and customers and consumers, it is necessary first to define the products which, although not capable of being subsituted for other products, are sufficiently interchangeable with its products, not only in terms of the objective characteristics of those products, by virtue of which they are particularly suitable for satisfying constant needs, but also in terms of the competitive conditions and the structure of supply and demand on the market (see the judgment of the Court of Justice in Case 322/81 Michelin ν Commission [1983] ECR 3461, paragraph 37).

Tetra Pak International SA v Commission of the European Communities (T-83/91)

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