120Finally, the applicant calls into question recital 313 of the contested decision, in which the Commission asserts that the large builders restricted competition among themselves, since each large builder negotiated the amount of its rebate bilaterally with the supplier. Moreover, under the case-law of the Court of Justice (Joined Cases C-180/98 to C-184/98 Pavlov and Others [2000] ECR I-6451, paragraphs 92 et seq.), rules which produce restrictive effects only in relation to one cost factor which is, moreover, relatively insignificant do not cause an appreciable restriction of competition. In this case, however, the applicant points out that bitumen accounts for only 1.5% of a road building company’s total costs.
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