Thyssen Stahl AG v Commission of the European Communities (C-194/99 P)

Judgment of 2 Oct 2003

law://eu/cjeu/1999/c-194-99/para_69@2026-11-13

69The appellant takes the view that the Court of First Instance was wrong to invoke the case-law relating to the tractor market (Case T-34/92 Fiatagri and New Holland Ford v Commission [1994] ECR II-905, Case T-35/92 John Deere v Commission [1994] ECR II-957, and Case C-7/95 P John Deere v Commission [1998] ECR I-3111, and Case C-8/95 P New Holland Ford v Commission [1998] ECR I-3175) when assuming that, as had been the case with that market, the structure of the beams market was likewise characterised by a narrow oligopoly and thus justifying its finding that the information exchange systems, even considered in isolation, amounted to a breach of competition law. As the Court of First Instance itself found, in paragraph 400 of the judgment under appeal, the 10 largest undertakings participating in that system accounted for only two thirds of the beams market, which indicates strong competition between several undertakings. In any event, this precludes any assumption of a simple oligopolistic structure and a fortiori any assumption of a highly concentrated market.

Thyssen Stahl AG v Commission of the European Communities (C-194/99 P)

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