b. afford such undertakings the possibility of eliminating competition in respect of  a substantial part of the products in question.

Article 86

Any abuse by one or more undertakings of a dominant position within the common  market or in a substantial part of it shall be prohibited as incompatible with the  common market in so far as it may affect trade between Member States.

Such abuse may, in particular, consist in:
a. directly or indirectly imposing unfair purchase or selling prices or other unfair  trading conditions;
b. limiting production, markets or technical development to the prejudice of  consumers;
c. applying dissimilar conditions to equivalent transactions with other trading  parties, thereby placing them at a competitive disadvantage;
d. making the conclusion of contracts subject to acceptance by the other parties of  supplementary obligations which, by their nature or according to commercial  usage, have no connection with the subject of such contracts.

Article 87

1. Within three years of the entry into force of this Treaty the Council shall, acting  unanimously on a proposal from the Commission and after consulting the European  Parliament, adopt any appropriate regulations or directives to give effect to the  principles set out in Articles 85 and 86.

If such provisions have not been adopted within the period mentioned, they shall be  laid down by the Council, acting by a qualified majority on a proposal from the  Commission and after consulting the European Parliament.

2. The regulations or directives referred to in paragraph 1 shall be designed in  particular:
a. to ensure compliance with the prohibitions laid down in Article 85(1) and in  Article 86 by making provision for fines and periodic penalty payments;
b. to lay down detailed rules for the application of Article 85(3), taking into  account the need to ensure effective supervision on the one hand, and to  simplify administration to the greatest possible extent on the other;
c. to define, if need be, in the various branches of the economy, the scope of the  provisions of Articles 85 and 86;  
d. to define the respective functions of the Commission and of the Court of Justice  in applying the provisions laid down in this paragraph;
e. to determine the relationship between national laws and the provisions  contained in this Section or adopted pursuant to this Article.

<41>