154As regards the ground of complaint that the Commission departed from its previous practice of taking account of the third ATC level for the purpose of defining the market, the Court observes first of all that it is apparent from recital 371 of the contested decision that the ATC system classifies pharmaceutical products into different groups, according to the organs or systems on which they act and their chemical, pharmacological and therapeutic properties, and divides them into five different levels. The third ATC level groups pharmaceutical products according to their therapeutic indications, the fourth ATC level normally takes into consideration the mode of action and the fifth level defines the narrowest classes, including active substances taken individually. The Commission stated in the contested decision that, concerning market definition, the analysis generally started from the third ATC level. However, it added that the other ATC levels were also taken into consideration where it appears that sufficiently strong competitive constraints operate at other ATC levels and that, consequently, the third ATC level does not seem to allow a correct market definition.
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