Judgment_paragraph 72 · John Deere Ltd v Commission of the European Communities (C-7/95 P)

72The third part of the fourth ground concerns paragraphs 61 and 92 of the contested judgment in which the Court of First Instance held, inter alia, that Article 85(1) prohibited both actual and purely potential anticompetitive effects. Paragraph 61 is worded as follows:‘The Court finds that, contrary to the applicant's submission, the fact that the Commission is unable to establish that the practice at issue produces an actual anticompetitive effect on the market in question, which could be accounted for by the fact inter alia that the agreement in its general form has been in force since 1975, has no bearing on the outcome of the case since Article 85(1) of the Treaty prohibits both actual anticompetitive effects and purely potential effects, provided that they are sufficiently appreciable (judgment of the Court of Justice in Case 126/80 Salonia v Poidomani and Others [1981] ECR 1563; judgment of the Court of First Instance in Case T-2/89 Petrofina v Commission [1991] ECR II-1087), which they are in the present case, having regard to the characteristics of the market (see paragraph 78, below).’