Judgment_paragraph 197 · MasterCard, Inc. and Others v European Commission (T-111/08)

197The Commission, for its part, must adequately examine those arguments and that evidence, that is to say, it must determine whether they demonstrate that the conditions for the application of Article 81(3) EC are satisfied. In certain cases, those arguments and that evidence may be of such a kind as to require the Commission to provide an explanation or justification, failing which it is permissible to conclude that the burden of proof borne by the person who relies on Article 81(3) EC has been discharged. In such a case the Commission must refute those arguments and that evidence (see GlaxoSmithKline Services v Commission, cited in paragraph 196 above, paragraph 236 and the case-law cited).