11951K060

Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 5 - Prices - Article 60

1. Pricing practices contrary to Articles 2, 3 and 4 shall be prohibited, in particular:

- unfair competitive practices, especially purely temporary or purely local price reductions tending towards the acquisition of a monopoly position within the common market;

- discriminatory practices involving, within the common market, the application by a seller of dissimilar conditions to comparable transactions, especially on grounds of the nationality of the buyer.

The Commission may define the practices covered by this prohibition by decisions taken after consulting the Consultative Committee and the Council.

2. For these purposes:

(a) the price lists and conditions of sale applied by undertakings within the common market must be made public to the extent and in the manner prescribed by the Commission after consulting the Consultative Com mittee. If the Commission finds that an undertaking's choice of point on which it bases its price lists is abnormal and in particular makes it possible to evade the provisions of subparagraph (b), it shall make appropriate recommendations to that undertaking;

(b) the methods of quotation used must not have the effect that prices charged by an undertaking in the common market, when reduced to their equivalent at the point chosen for its price lists, result in:

- increases over the price shown in the price list in question for a comparable transaction; or

- reductions below that price the amount of which exceeds either:

- the extent enabling the quotation to be aligned on the price list, based on another point which secures the buyer the most advantageous delivered terms; or

- the limits fixed, by decision of the Commission after the Consultative Committee has delivered its opinion, for each category of product, with due regard, where appropriate, for the origin and destination of products.

Such decisions shall be taken when found necessary, to avoid disturbances in the whole or any part of the common market or disequilibria resulting from a difference between the methods of quotation used for a product and for materials involved in making it. Such decisions shall not preclude undertakings from aligning their quotations on those of undertakings outside the Community, on condition that the transactions are notified to the Commission, which may, in the event of abuse, restrict or abrogate the right of the undertakings concerned to take advantage of this exception.