1. For the purposes of applying the market share, threshold provided for in Article 3 the following rules shall apply:
(a) the market share shall be calculated on the basis of data relating to the preceding calendar year;
(b) the market share shall include any goods or services supplied to integrated distributors for the purposes of sale ...
2. However, in the case of dual distribution of final goods, i.e. where a producer of final goods also acts as a distributor on the market, the market definition and market share calculation need to include the goods sold by the producer and competing producers (see Article 9(2) (b) of the BER). "Integrated distributors" are connected undertakings within the meaning of Article 11 of the BER.
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