Article 4
This Decision is addressed to Manufacture Française de Pneumatiques Michelin, F-63040 Clermont Ferrand. This Decision shall be enforceable pursuant to Article 256 of the EC Treaty. Done at Brussels, 20 June 2001. For the Commission Mario Monti Member of the Commission (1) OJ L 13, 21.2.1962, p. 204/62. (2) OJ L 148, 15.6.1999, p. 5. (3) OJ L 354, 30.12.1998, p. 18. (4) Business secrets have been omitted from the text. (5) Michelin's reply to the Article 11 letter of 3.12.1996. (6) That is, the EEA countries plus Switzerland. (7) Study entitled "The World Tyre Industry, a new perspective to 2005", the EIU, 1997. (8) Between the assessments "good" and "excellent", for example, twice as many points may be awarded in some cases. (9) Document [...]. (10) OJ L 353, 9.12.1981, p. 33. (11) [1983] ECR 3461. (12) Tactical Operational Units. (13) OJ L 284, 19.10.1988, p. 41. (14) Reply to request for information of 3.12.1996. (15) It should be noted that Michelin has taken control of certain third line brands (Taurus and Stomil) to keep up with the phenomenon. (16) [1979] ECR 461, at paragraph 38. (17) Loc. cit., paragraph 39. (18) Loc. cit., paragraph 56, for example. (19) [1991] ECR I-3359. (20) Loc. cit., paragraph 60. (21) In its reply to the request for information of 3 December 1996, in a table reproduced at paragraph 132 of this Decision, Michelin considers that it had a market share of only [...] in 1993, but this statement contradicts the documents found on Michelin's premises. (22) According to European Tyre Report 1996, European Rubber Journal, September 1996. (23) Michelin commercial strategy document. (24) [1978] ECR 207, at paragraphs 67 and 68. (25) See, for example, a dealer's reply, and the reply by dealers to question 20 of the Article 11 letter of 27 October 1997. (26) Loc. cit. (see footnote 15), at paragraph 56. (27) Loc cit. (see footnote 24), at paragraph 91. (28) See footnote 32. (29) As from 1996, Michelin offered to spread rebate payments. (30) NBIM judgment, referred to above (see footnote 15), at paragraph 73. (31) Statement of objections, p. 122. Note: the underlining of the phrase "by product category" has been added by the Commission. (32) For example, twice as many points could, in certain cases, be granted for the assessment "excellent" as for the assessment "good". (33) Replies to the request for information of 17 December 1997. (34) As from 1993. (35) In the minutes of a commercial meeting with a customer, the Michelin representative writes: "[...]" (inspection of 12 June 1997). In other minutes, on the subject of entry to the Club, the Michelin representative writes, "[...]" (inspection of 12 June 1997). A manuscript paper of 30 January 1996 refers to the market share thresholds needed for entry to the Club: [...] (inspection of 12 June 1997). Lastly, in view of the advantage of continued relations with a strategic dealer, a representative proposes that generosity should be shown: "[...]". (36) [1996] ECR II-1201. (37) As the inventor of the radial tyre, Michelin held a patent protecting it from competition from other manufacturers in the 1970s and early 1980s. (38) Michelin's catalogue prices for sales to specialised dealers. (39) [1966] ECR 235. (40) Loc. cit. (see footnote 15), at paragraph 103. (41) See footnote 15. (42) OJ C 9, 14.1.1998, p. 3.