Judgment_paragraph 58 · Schöller Lebensmittel GmbH & Co. KG v Commission of the European Communities (T-9/93)

58According to the applicant, it is settled law that the question whether an exclusive purchasing agreement has effects restrictive of competition does not depend solely on the effects flowing directly from the individual agreement but also on the latter's economic and legal context, in which it, with others, may contribute to a cumulative impact on competition. That general context includes both agreements concluded by the same producer with other customers (see the judgments of the Court of Justice in Case 8/74 Dassonville v Procureur du Roi [1974] ECR 837 and Case 27/87 Erauw-Jacquery v La Hesbigonne [1988] ECR 1919) and similar agreements concluded by other producers with their customers (see the judgments of the Court of Justice in Case 23/67 Brasserie de Haecht [1967] ECR 525 and Delimitis, cited above). Moreover, the cumulative effect on the market of similar agreements is merely one factor among others. It is in the light of those principles that, in the applicant's view, the impact of the supply agreements on competitors' access to the market must be analysed.

Schöller Lebensmittel GmbH & Co. KG v Commission of the European Communities (T-9/93)

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