60 Bauco contends one because of their book has the use out of complete weapons was a practical choices in certain certain times.

61 Bauco after that maintains that there’s zero get across-price-flexibility between complete guns while the consumables utilized in them into the the one hands and you may gadgets and consumables for other attaching possibilities on the other side. Hilti’ s dispute you to PAF systems make-up « commercially included possibilities » will get untenable in case it is used in relation to most other fastening solutions, which clearly demonstrates that the relevant locations really are the brand new separate markets for complete weapons, fingernails and you will cartridge pieces. Profiles was compelled to fool around with Hilti PAF solutions besides for the membership of your money active in the purchase of a weapon and because of the technology and you can basic quality of one’s Hilti equipment total other PAF possibilities.

62 In relation to demand substitutability, Bauco argues that when an option is centered on experience, because it always is actually, only high change to almost any considering function will get a direct effect on that solutions. Reveal study of all the issues impacting the decision to fool around with different types of fastening system might possibly be planning inform you one to other buckling systems are a terrible alternative for the user in several instances. Factor Proceeded Less than Doctor.NUM : 689A0030.step 1

63 Profix supports the new objections of your Payment. it debated, from the oral process, your relevant equipment marketplace is the market getting nails or, a whole lot more especially, nails suitable for Hilti complete weapons. Precisely because the Profix makes only nails, it’s useless to help you argue up against they you to option solutions such as for example due to the fact hammer exercises is going to be replaced with PAF options.

64 It must be noticed at the outset you to definitely under control to assess Hilti’ s sector standing it’s basic needed to explain the relevant field, just like the likelihood of race can only just be best couples hookup app judged into the family to those properties of one’s products in matter of the virtue out of hence men and women products are instance more likely to meet a keen inelastic you need consequently they are just to a small the total amount interchangeable together with other issues (wisdom of your Judge from Justice from 21 March 1973 within the Case six/72 Continental Is also, quoted more than, part thirty two).

65 To help you influence, for this reason, whether Hilti, as the a vendor of nail firearms as well as consumables designed for them, has such as control over the relevant tool business on offer they a dominant standing within the concept of Post 86, the first question as responded is whether the appropriate market is the marketplace for all build attaching expertise or if the relevant segments are those to possess PAF systems additionally the consumables tailored for them, namely cartridge pieces and nails.

One to fact by itself is sound proof that there is an excellent particular market for Hilti-suitable fingernails

66 This new Judge takes the scene you to nail firearms, cartridge strips and you may nails make up around three specific markets. Due to the fact cartridge strips and you may fingernails are specially are available, and you can purchased by the profiles, for an individual variety of gun, it must be determined that there are independent locations getting Hilti-appropriate cartridge pieces and you will fingernails, since the Payment found in their choice (paragraph 55).

Some of those brands was specialized and develop simply fingernails, and even specific make merely nails specifically made for Hilti products

67 With brand of mention of new nails whose use in Hilti products is an essential part of brand new dispute, it is common soil that while the sixties there were separate manufacturers, including the interveners, while making fingernails intended for use in nail weapons.