80That being the case, the alleged absence, in the judgment under appeal, of an examination of the arguments raised by the applicants at first instance, on the need to compare the prices charged by them with their costs, which underlies both the complaint of a procedural irregularity and that of an error of law, cannot mean that the judgment under appeal is vitiated by an error of law. The Commission established the existence of an abuse of a dominant position by relying on the other considerations set out in paragraphs 260 to 264 of the judgment under appeal, and the General Court correctly found that that analysis was adequate and sufficient to establish the existence of that abuse. Accordingly, neither the Commission nor the General Court was obliged to examine the question of whether the prices charged by the Tomra group were or were not lower than their long-run average incremental costs, and accordingly this ground of appeal must fail in the context of the present appeal.
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