(i)

the fixing and imposition, by the former on the latter, on a regular, universal and unchanging basis during the period of the practice, of the terms of business which the latter must fulfil when reselling the products they acquire from the supplier, in particular the prices they charge their customers, principally in terms of minimum prices or average minimum prices;

(ii)

the fact that the resale prices imposed are notified either verbally or in writing (via e-mail);

(iii)

the fact that distributors are unable to fix their resale prices independently;

(iv)

the customary and universal practice whereby the supplier’s employees ask distributors (by telephone or in person) to adhere to the prices indicated;

(v)

the universal adherence by distributors to the resale prices fixed by the supplier (other than in the event of occasional disagreements) and the finding that the conduct of distributors on the market is generally in keeping with the terms laid down by the supplier;

(vi)

the fact that, in order not to breach the terms laid down, distributors themselves often ask the supplier to tell them what resale prices to charge;

(vii)

the finding that distributors frequently complain about the prices set by the supplier rather than simply charging other prices;

(viii)

the fixing by the supplier of (reduced) distribution margins and the assumption by distributors that those margins correspond to the level of remuneration payable for their business;

(ix)

the finding that, by imposing low margins, the supplier imposes a minimum resale price, as the distribution margins would otherwise be negative;

(x)

the supplier’s policy of granting discounts to distributors on the basis of the resale prices actually charged by them — the minimum price previously fixed by the supplier being the level of the price of restocks at sell-out;

(xi)

the need for distributors — in the light in many cases of the negative distribution margin — to adhere to the resale price levels imposed by the supplier; the practice of lower resale prices is followed only in very specific circumstances and where the distributors ask the supplier for a further discount at sell-out;

(xii)

the fixing by the supplier of (reduced) distribution margins and the assumption by distributors that those margins correspond to the level of remuneration payable for their business;

(xiii)

the direct contact between the supplier and the distributors’ customers and the fixing of the terms of business subsequently imposed on distributors;

(xiv)

the supplier’s intervention, on the distributors’ initiative, inasmuch as it is the supplier that makes the decision to apply certain trade discounts or renegotiates the terms of business for resale; and

(xv)

the fact that distributors ask the supplier to authorise them to conclude a particular transaction on certain terms in order to ensure their distribution margin?