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The existence of a separate horizontal or vertical market to which the market power can be transferred. This condition for the purpose of definition of vertical leveraging was addressed by the Court of Justice in IMS Health v. NDC Health judgment: “it was relevant, in order to assess whether the refusal to grant access to a product or a service indispensable for carrying on a particular business activity was an abuse, to distinguish an upstream market, constituted by the product or service, …, and a (secondary) downstream market, on which the product or service in question is used for the production of another product or the supply of another service ”.
The Court of First Instance also provided analysis of the conditions that signified that there was a separate horizontal market to which an undertaking concerned was trying to extend its market power in Microsoft v Commission case.
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