61As recalled in paragraph 50 of the present judgment, the characterisation of an exclusionary practice as abusive depends on the exclusionary effects that that practice is or was capable of producing. Thus, in order to establish that an exclusionary practice is abusive, a competition authority must show that, first, that practice was capable, when implemented, of producing such an exclusionary effect, in that it was capable of making it more difficult for competitors to enter or remain on the market in question and, by so doing, that that practice was capable of having an impact on the market structure; and, second, that practice relied on the use of means other than those which come within the scope of competition on the merits. Neither of those conditions requires, in principle, evidence of intent.
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