Luxembourg, 29/11/2001 (Agence Europe) - The French tyre manufacturer Michelin called on the Court of First Instance to annul the Commission decision of last 20 June fining it EUR 19.76 million for abuse of dominant position on the French market for replacement tyres for heavy good vehicles (see EUROPE of 21 June, p.12). For Michelin: a) a company in a dominant position may practice discount system, all the more so that its did not have any abusive "loyalty" effect; b) the conditions to which the retailers members of the "Michelin friends club" where submitted in virtue of a "commercial cooperation" agreement also did not have anything abusive, the aim of the club being to "improve the professionalism of retailers"; c) the agreement did not contain any exclusivity aspect.
The Michelin lawyers deny the existence of an obligation for retailers members of the club to respect a certain percentage of Michelin products sold in their turnover. They reproach the Commission for its systematic negative stance towards Michelin, its personal and incorrect reading of the facts, its ignorance of economic reality as well as its failure in the correct analysis of the practical effects it reproached against Michelin.