BaByliss SA v Commission of the European Communities (T-114/02)

Judgment of 3 Apr 2003

law://eu/cjeu/2002/t-114-02/para_102@2026-11-14

102The fact, emphasised by the Commission and SEB, that the applicant's actual entry into the markets affected by the concentration was deferred several times, by comparison with its announcements, is not a sufficient reason for concluding that BaByliss cannot be regarded as a potential competitor. The mere fact it takes longer than planned to enter the market does not mean that such entry will not take place, particularly since, as the Commission recognises in paragraph 24 of the contested decision, ‘the cost and time necessary for entering a new product market may be considerable, having regard to the characteristics of the market’, that ‘to enter a new product market, a competitor, whether present or not in other neighbouring markets or the product market in question in another geographical area, must ensure that he will have sufficient outlets and therefore a sufficient sales volume [and for that] he will have to have his products listed by retailers and get his brand known by ultimate consumers, which takes a certain time and involves considerable marketing and advertising costs’.

BaByliss SA v Commission of the European Communities (T-114/02)

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