ANA METIN ingilizce.17

because they require, in due course, the use of supplementary products

or services; And the markets, including products and services such as

replacement parts, consumable materials, repair or maintenance and

repair services used with the principal product and necessitated after

the lapse of a certain period as of the purchase of the principal prod-

uct, are “secondary” or “consecutive” markets. The Board pointed out

that, in case of existence of secondary markets, the market may be

defined in three different ways:

• The system market including both the primary and secondary

products;

• The complete secondary market including replacement parts,

consumable material or service for all brands in the primary

market;

• The brand-specific secondary market including replacement

parts, consumable material, technical service, maintenance and

repair services related to any brand.

Nevertheless, the Board, despite having made all these determina-

tions, did not specifically delineate the relevant market and assumed

that the market was, in the strict sense, the market of consumable mate-

rial (or ink/toner cartridges) used for Xerox branded printers.

Relevant Geographical Market.

The Board did not make any

determination concerning the relevant geographical market in its deci-

sion.

A Dominant Position Evaluation

The Board, despite not having specifically determined the relevant

market, particularly examined Xerox’s position in the secondary mar-

ket with a view to determine whether Xerox is in a dominant position

or not.

Secondary (Ink/Toner Cartridges) Market.

The Board, in exam-

ining Xerox’s position in the secondary market, took in account the

XXV. Report on Competition Policy

(“Competition Report”) of the

174

NEWSLETTER 2012

To review the Commission Repot, see the following link:

lications/annual_report/1995/fr.pdf.