First, the General Court states that to accept such an argument would amount to making the analysis of the effects of the conduct at issue on potential competition dependent on the examination of the level of competition currently existing in the market in question, which is incompatible with case-law which requires that the examination of conditions of competition in a given market be based not only on the existing competition between undertakings already present in the market in question, but also on potential competition.

In order to better prepare the public procurement phase of Galileo, the ESA shall launch a preliminary activity, such as a Request For Information (RFI), aiming at identifying the involvement of all potential competitors, at segment level as well as at components level. This activity will ensure a genuine competition at segment level and further down level of the industrial activity from a new request for tenders to industry, and it will contribute to the control costs, mitigate risks, improve efficiency and decrease dependencies.

When these arrangements are undertaken among competitors or potential competitors, there may be some incidental effect on competition, but in almost all cases this would clearly be outweighed by the overall gains to the Canadian economy.

that a market for the provision of retail services, including the minimum set of leased lines identified in this Directive, is not effectively competitive or prospectively competitive,

The Commission finds that these provisions are ancillary to the creation and successful initial operation of Concert. 2. Some are not falling under Article 85 and are benefiting of an Exemption under both Article 85(3) of the EC Treaty and Article 53(3) of the EEA Agreement - The creation of Concert is found to restrict competition because BT and MCI are, and for the foreseeable future will continue to be, at least potential competitors not only in the overall market for telecommunications, but also in the enhanced and value-added global telecommunications services segment of that market to be addressed by Concert.

Mr Van Miert's departments will focus on the level of prices that competitors would be required to pay in order to acquire the technological resources needed to launch a system in competition with GEN: - the competitors would undoubtedly not have the option of supplying large- scale infrastructures and of using the profits thus made to finance the supply of non-reserved services such as international network circuits; - potential competitors, in particular suppliers of alternative infrastructures, will have to pay the official price to buy the equipment needed to launch systems in competition with GEN. On the other hand, traditional tel ...[+++]ecoms operators have always used each other's equipment at a substantially lower price, on the basis of reciprocity.