Judgment of the Court of First Instance (Second Chamber) 27 February 1992

In Case T-19/91,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), composed of: J. L. Cruz Vilaça, President, D. Barrington, A. Saggio, C. P. Briët and J. Biancarelli, Judges, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 12 December 1991,

gives the following

Judgment

The facts

Procedure

Forms of order sought

Substance

The pleas as to breach of the principles of nondiscrimination ayid legal certainty

— The parties' arguments

— The Court's assessment

The plea as to infringement of essential procedural requirements

— The parties' arguments

— The Court's assessment

The plea that the exclusive distribution system notified by Vichy is not in breach of Article 85(1)

— The parties' arguments

— The Court's assessment

The definition of the relevant market

The legality of the criterion for authorization

The effect on competition and intra-Community trade

Tfje plea in law concerning the applicability of Article 85(3)

— The parties' arguments

— The Court's assessment

The contribution to economic progress

The fair share of the benefits granted to consumers

The plea in law as to the inapplicability of Article 15(6) of Regulation No 17

— The parties' arguments

— The Court's assessment

The factors relied on

The partitioning of the market

Costs

1 Language of lhe case: French.