11957E085

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ARTICLE 85

1 . THE FOLLOWING SHALL BE PROHIBITED AS INCOMPATIBLE WITH THE COMMON MARKET : ALL AGREEMENTS BETWEEN UNDERTAKINGS , DECISIONS BY ASSOCIATIONS OF UNDERTAKINGS AND CONCERTED PRACTICES WHICH MAY AFFECT TRADE BETWEEN MEMBER STATES AND WHICH HAVE AS THEIR OBJECT OR EFFECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET , AND IN PARTICULAR THOSE WHICH :

( A ) DIRECTLY OR INDIRECTLY FIX PURCHASE OR SELLING PRICES OR ANY OTHER TRADING CONDITIONS ;

( B ) LIMIT OR CONTROL PRODUCTION , MARKETS , TECHNICAL DEVELOPMENT , OR INVESTMENT ;

( C ) SHARE MARKETS OR SOURCES OF SUPPLY :

( D ) APPLY DISSIMILAR CONDITIONS TO EQUIVALENT TRANSACTIONS WITH OTHER TRADING PARTIES , THEREBY PLACING THEM AT A COMPETITIVE DISADVANTAGE ;

( E ) MAKE 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 .

2 . ANY AGREEMENTS OR DECISIONS PROHIBITED PURSUANT TO THIS ARTICLE SHALL BE AUTOMATICALLY VOID .

3 . THE PROVISIONS OF PARAGRAPH 1 MAY , HOWEVER , BE DECLARED INAPPLICABLE IN THE CASE OF :

- ANY AGREEMENT OR CATEGORY OF AGREEMENTS BETWEEN UNDERTAKINGS ;

- ANY DECISION OR CATEGORY OF DECISIONS BY ASSOCIATIONS OF UNDERTAKINGS ;

- ANY CONCERTED PRACTICE OR CATEGORY OF CONCERTED PRACTICES ;

WHICH CONTRIBUTES TO IMPROVING THE PRODUCTION OR DISTRIBUTION OF GOODS OR TO PROMOTING TECHNICAL OR ECONOMIC PROGRESS , WHILE ALLOWING CONSUMERS A FAIR SHARE OF THE RESULTING BENEFIT , AND WHICH DOES NOT :

( A ) IMPOSE ON THE UNDERTAKINGS CONCERNED RESTRICTIONS WHICH ARE NOT INDISPENSABLE TO THE ATTAINMENT OF THESE OBJECTIVES ;

( B ) AFFORD SUCH UNDERTAKINGS THE POSSIBILITY OF ELIMINATING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .