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Bourgeois, Hendrik --- "How to Treat Aftermarkets under Article 102 TFEU" [2011] ELECD 791; in Govaere, Inge; Quick, Reinhard; Bronckers, Marco (eds), "Trade and Competition Law in the EU and Beyond" (Edward Elgar Publishing, 2011)

Book Title: Trade and Competition Law in the EU and Beyond

Editor(s): Govaere, Inge; Quick, Reinhard; Bronckers, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857935663

Section: Chapter 21

Section Title: How to Treat Aftermarkets under Article 102 TFEU

Author(s): Bourgeois, Hendrik

Number of pages: 18

Extract:

21. How to treat aftermarkets under
Article 102 TFEU
Hendrik Bourgeois

Many of the contributors to this Festschrift are in a better position than I to
give direct testimony of Jacques Bourgeois' outstanding qualities as a
teacher, academic, mentor, legal counsel, advocate, colleague, and friend.
Be that as it may, I am quite confident that it is as a father that he really
surpasses himself. My contribution addresses a question that he and I some
time ago discussed. At the end of that discussion, as happens more often
than not when I debate all sorts of things with him, I was left with a
lingering feeling that some of my arguments had not quite convinced him.
This is a modest attempt to set the record straight.


21.1 INTRODUCTION

The manufacturing and sale of durable equipment that requires ongoing
maintenance, spare parts, or related consumables once the durable equip-
ment has been purchased, constitutes an important part of Europe's
economy.1 I refer to the first type of equipment as `primary equipment'
(including, for instance, mechanical, electronic goods and IT products,
covering everything from kitchen appliances to automobiles, from cameras
to printers, and from computers to healthcare equipment). I refer to the
maintenance servicing, spare parts or consumables (for instance the car-
tridge in a printer), add-on products, applications and upgrades related to
primary equipment as `complementary products and/or services'. The
market for these products and/or services is often referred to as the

1
In terms ...