Judgment_paragraph 91 · Corus UK Ltd v Commission of the European Communities (C-199/99 P)

91Moreover, the Court of First Instance's assessment of the structure of the market in question is based on inadequate reasoning, which is set out entirely in paragraph 390 of the judgment under appeal. In that paragraph, the Court of First Instance stated that the market was oligopolistic, without carrying out an economic evaluation of its structure. That structure is very different from that which is considered to be an oligopoly in the practice of the Commission under Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ 1989 L 395, p. 1), in Commission Decision 92/157/EEC of 17 February 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/31.370 and 31.446 — UK Agricultural Tractor Registration Exchange) (OJ 1992 L 68, p. 19) or in Germany's Gesetz gegen Wettbewerbsbeschränkungen (Law prohibiting restraints of competition).

Corus UK Ltd v Commission of the European Communities (C-199/99 P)

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