, BY VIRTUE OF ARTICLE 20 OF REGULATION NO 17 , NOT TO DISCLOSE IT TO MICHELIN NV . CONSEQUENTLY IT COULD NOT USE THAT INFORMATION TO SUPPORT ITS DECISION IN THIS CASE IF THE REFUSAL TO DISCLOSE IT REDUCED MICHELIN NV ' S OPPORTUNITY TO EXPRESS ITS VIEWS ON THE ACCURACY OR SCOPE OF THE INFORMATION OR ON THE CONCLUSIONS DRAWN FROM IT BY THE COMMISSION .
9 HOWEVER , AT NO POINT IN THE STATEMENT OF THE REASONS ON WHICH THE DECISION AT ISSUE IS BASED IS EXPRESS REFERENCE MADE TO THE INVESTIGATION IN QUESTION . NOR DOES IT APPEAR THAT THE COMMISSION RELIED BY IMPLICATION ON THIS PART OF THE FILE . IN SO FAR AS THE COMMISSION DOES REFER IN ITS DECISION TO THE DISCOUNT POLICY OF MICHELIN NV ' S COMPETITORS , IT DOES SO IN GENERAL STATEMENTS WHICH MICHELIN NV HAS NOT CHALLENGED AT ANY STAGE AND WHICH MOREOVER ARE IRRELEVANT FOR THE PURPOSES OF ASSESSING MICHELIN NV ' S CONDUCT . THE INVESTIGATION IN QUESTION WAS NOT TAKEN INTO CONSIDERATION IN THE PROCEDURE BEFORE THE COURT EITHER .
10 NEVERTHELESS , THE FACT THAT THE COMMISSION MADE NO REFERENCE TO THE INVESTIGATION AT ISSUE WHEN STATING THE REASONS ON WHICH THE DECISION WAS BASED IS NOT SUFFICIENT TO JUSTIFY THE REJECTION OF MICHELIN NV ' S SUBMISSION . FOR THE PURPOSE OF ESTABLISHING THAT CONCLUSION IT MUST ALSO BE STATED THAT THE DECISION IS ACTUALLY BASED ON OTHER CIRCUMSTANCES JUSTIFYING ITS ADOPTION , A MATTER WHICH RELATES TO THE SUBSTANCE OF THE CASE .
( 2 ) FAILURE TO DISCUSS THE RESULTS OF THE HEARING AND THE STATEMENTS OF THE WITNESSES AND EXPERTS
11 AS EVIDENCE OF THE IRREGULARITY OF THE PROCEDURE THE APPLICANT ALSO CONTENDS THAT IN ITS DECISION THE COMMISSION MADE NO MENTION OF THE RESULTS OF THE HEARING HELD DURING THE ADMINISTRATIVE PROCEDURE OR OF THE STATEMENTS MADE BY THE WITNESSES AND EXPERTS AT THAT HEARING .
12 IN REPLY TO THIS SUBMISSION THE COMMISSION REFERS TO THE LARGE NUMBER OF PARAGRAPHS DEVOTED IN ITS DECISION TO REFUTING THE APPLICANT ' S ARGUMENTS AND STATES THAT IT TOOK ACCOUNT OF ALL THE EVIDENCE AND TESTIMONY PRODUCED DURING THE PROCEDURE .
13 THE SUBMISSION IS ESSENTIALLY AN ALLEGATION THAT THE DECISION DOES NOT PROPERLY STATE THE REASONS ON WHICH IT IS BASED .
14 IN THIS REGARD IT SHOULD BE RECALLED THAT ALTHOUGH ARTICLE 190 OF THE TREATY REQUIRES THE COMMISSION TO MENTION THE FACTS FORMING THE BASIS OF THE DECISION AND THE CONSIDERATIONS WHICH LED IT TO ADOPT THE DECISION , IT DOES NOT REQUIRE THE COMMISSION TO DISCUSS ALL THE POINTS OF FACT AND LAW DEALT WITH DURING THE ADMINISTRATIVE PROCEDURE .
15 IN ITS STATEMENT OF THE REASONS ON WHICH THE DECISION IN QUESTION WAS BASED THE COMMISSION SETS OUT THE FACTUAL AND LEGAL CONSIDERATIONS ON WHICH ITS DECISION WAS FOUNDED . MOREOVER , AT VARIOUS PLACES IT EXPRESSLY REFERS TO STATEMENTS MADE BY WITNESSES AT THE HEARING