82Fifth, the Commission maintains that the applicant is wrong in seeking to rely on the ‘Air France judgments’. The applicant's situation differs completely from that of Air France. In the judgment in Case T-2/93 Air France v Commission [1994] ECR II-323, the Court found, first, that the competition situation on the markets concerned had been assessed by the Commission by taking account primarily of the situation of Air France (paragraph 45 of the judgment), which was the only serious competitor of the undertakings participating in the concentration, whereas the applicant is totally absent from the markets affected by the concentration. The Commission adds that the Court noted that Air France had been obliged, pursuant to an agreement between it, the French Government and the Commission, to give up the whole of its interest in TAT (paragraph 46 of the judgment) whereas, in the present case, BaByliss cannot plead an agreement or decision of any kind with an equivalent effect which would show that its de facto situation distinguishes it individually in the same way as SEB. The Commission observes that, in Case T-3/93 Air France v Commission [1994] ECR II-121, Air France was the main competitor of British Airways whereas, in the present case, BaByliss is only one company among several others which regards itself as a (potential) competitor of SEB.
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