Judgment of the Court of First Instance (Second Chamber) 12 December 1991

In Case T-30/89,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), composed of: A. Saggio, President of the Chamber, C. Yeraris, C. P. Briët, D. Barrington and B. Vesterdorf, Judges, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 24 and 25 April 1991,

gives the following

Judgment

The facts giving rise to the dispute

The contested decision

The operative part

The products at issue

The legal assessment set out by the Commission in its decision

A. Hilti's behaviour

B. The economic consequences o/Hilti's behaviour

C. The market for the products at issue

D. Dominance

E. Objective justification

Procedure before the Court of Justice and the Court of First Instance

Forms of order sought by the parties

Preliminary issues

Arguments of the parties

Legal appraisal

Substance

First plea: inadequate evidence

Second plea: infringement of Article 86

Dominant position

The relevant product market

Arguments of the Parties

Legal appraisal

Geographic market

Arguments of the parties

Legal appraisal

Hilti's position in the market

Arguments of the parties

Legal appraisal

Existence of abuse

Improper nature of Hilti's behaviour

Arguments of the parties

Legal appraisal

Objective justification of Hilti's conduct in the market

Arguments of the parties

Legal appraisal

Effect on trade between Member States

Arguments of the parties

Legal appraisal

Pleas concerning infringement of Article 15(2) of Regulation No 17 and Article 190 of the Treaty

Arguments of the parties

Legal appraisal

Costs

1 Language of lhe casc: English.