32That court states that, if the activities of the Republik Österreich at issue in the main proceedings had to be classified as economic in nature, the question would also arise whether the principles derived from the judgments in Joined Cases C-241/91 P and C-242/91 P RTE and ITP v Commission [1995] ECR I-743 and Case C-418/01 IMS Health [2004] ECR I-5039 (‘essential facilities doctrine’), must also be applied, even if there is no ‘upstream market’ because the collection and storage of the data concerned are carried out in the context of the exercise of public powers. That court states the arguments for and against the application of that doctrine in the case in the main proceedings.
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