Keywords
Summary

Keywords

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1 . COMPETITION - RESTRICTIVE AGREEMENT - PRICE-LIST - FIXING PROHIBITION

( EEC TREATY, ARTICLE 85 ( 1 ))

2 . COMPETITION - RESTRICTIVE AGREEMENT - LIMITATION TO THE TERRITORY OF A SINGLE MEMBER STATE - ADVERSE EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA

( EEC TREATY, ARTICLE 85 )

3 . MEASURES ADOPTED BY AN INSTITUTION - DECISION IN LINE WITH PREVIOUS DECISIONS - SUMMARY OR EXPLICIT STATEMENT OF REASONS

( EEC TREATY, ARTICLE 190 )

Summary

1 . A PRICE-LIST SYSTEM ARISING UNDER AN AGREEMENT WHICH PROHIBITS THE ANNOUNCEMENT OF REBATES ON THE LIST PRICES COMES WITHIN THE PROHIBITION IN ARTICLE 85 ( 1 ) OF THE EEC TREATY .

2 . A RESTRICTIVE AGREEMENT THE PURPOSE OF WHICH IS TO MARKET PRODUCTS IN A SINGLE MEMBER STATE CAN AFFECT TRADE BETWEEN MEMBER STATES .

SINCE IT EXTENDS OVER THE WHOLE OF THE TERRITORY OF A MEMBER STATE, IT IS BY ITS VERY NATURE LIABLE TO HAVE THE EFFECT OF REINFORCING THE COMPARTMENTALIZATION OF MARKETS AT NATIONAL LEVEL, THEREBY PREVENTING THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTS DOMESTIC PRODUCTION .

IN THIS CONNEXION IT IS NECESSARY TO IDENTIFY THE MEANS AVAILABLE TO THE PARTIES TO A RESTRICTIVE AGREEMENT TO ENSURE THAT CUSTOMERS REMAIN LAYAL, THE RELATIVE IMPORTANCE OF THE AGREEMENT ON THE MARKET CONCERNED AND THE THE ECONOMIC CONTEXT IN WHICH IT EXISTS .

3 . WHEREAS A DECISION WHICH FITS INTO A WELL-ESTABLISHED LINE OF DECISIONS MAY BE REASONED IN A SUMMARY MANNER, FOR EXAMPLE BY A REFERENCE TO THOSE DECISIONS, IF IT GOES APPRECIABLY FURTHER THAN THE PREVIOUS DECISIONS, THE COMMISSION MUST GIVE AN ACCOUNT OF ITS REASONING .