THEIR WITHDRAWAL FROM CGT , FOR A FIVE-YEAR PERIOD FROM EXPLOITING KNOW-HOW BELONGING TO CGT IN THE FIELD OF COOPERATION AND FROM DIVULGING IT TO THIRD PARTIES IS LIKEWISE TO BE REGARDED AS A RESTRICTION INDISPENSABLE TO THE ATTAINMENT OF THE OBJECT OF THE COOPERATION . IT AFFORDS A LIMITED DEGREE OF PROTECTION AGAINST COMPETITION FROM A FORMER SHAREHOLDER OR FROM OUTSIDE COMPANIES , WITHOUT WHICH THE OBJECT OF THE COOPERATION CANNOT BE ATTAINED .
4 . NOR DOES THE AGREEMENT AFFORD THE SHAREHOLDERS THE POSSIBILITY OF ELIMINATING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCT COVERED BY THE AGREEMENT . VARIOUS GASIFICATION METHODS ARE ALREADY UNDERGOING TEST IN THE COMMUNITY AND ELSEWHERE , AND OTHERS ARE AT THE DEVELOPMENT STAGE . A NUMBER OF LEADING FIRMS IN THE COMMUNITY ARE ENGAGED IN TAPPING THIS MARKET . THEIR INDIVIDUAL COMMERCIAL SUCCESS DEPENDS BOTH ON THE QUALITY AND COST OF THEIR TECHNOLOGY AND ON THE COAL THEY PLAN TO USE , ITS ORIGIN AND ITS PRICE . UNDER THE CIRCUMSTANCES , EFFECTIVE COMPETITION IS GUARANTEED IN THIS FIELD .
C . APPLICABILITY OF ARTICLE 85 ( 1 ) OF REGULATION NO 17
PURSUANT TO ARTICLE 8 ( 1 ) OF REGULATION NO 17 , CONDITIONS AND OBLIGATIONS MAY BE ATTACHED TO THE EXEMPTION DECISION .
IN THE CASE AT ISSUE , THE COMMISSION MUST BE GIVEN AN OPPORTUNITY TO EXAMINE WHETHER COMPETITION WITHIN THE COMMON MARKET IS NOT FURTHER RESTRICTED BY MEASURES WHICH HAVE THEIR BASIS IN THE FACT THAT THE PARTIES OR UNDERTAKINGS MAKING UP THE GROUP TO WHICH EACH OF THEM BELONGS CARRY ON , OR WILL CARRY ON , DIRECTLY OR THROUGH INTERESTS IN OUTSIDE UNDERTAKINGS AND INDEPENDENTLY OF CGT , AN ACTIVITY IN THE FIELD OF COAL GASIFICATION IN THE COMMON MARKET . FOR IT IS QUITE FEASIBLE THAT , UNDER THESE CIRCUMSTANCES , COMPETING INTERESTS WITHIN GROUPS OF UNDERTAKINGS MAY CONFLICT WITH ONE ANOTHER AND TENDENCIES TOWARDS MARKET SHARING EMERGE . ACCORDINGLY , A CONDITION NEEDS TO BE IMPOSED THAT WILL MAKE IT EASIER FOR THE COMMISSION TO TAKE STEPS AGAINST SUCH PRACTICES .
ARTICLE 8 ( 1 ) OF REGULATION NO 17 ALSO STIPULATES THAT A COMMISSION DECISION IN APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY SHALL BE ISSUED FOR A SPECIFIED PERIOD .
IN VIEW OF THE MAJOR INVESTMENTS PLANNED BY THE SHAREHOLDERS , THE PERIOD WITHIN WHICH THE OBJECT OF THE COOPERATION SHOULD BE ACHIEVED CANNOT BE TOO SHORT . IT SHOULD IN THE FIRST PLACE COVER THE PERIOD LEADING UP TO THE COMMISSIONING OF A DEMONSTRATION PLANT . IT IS THEREFORE APPROPRIATE TO LIMIT THE PERIOD OF VALIDITY OF THE EXEMPTION TO 31 DECEMBER 1989 .
HAS ADOPTED THIS DECISION :
ARTICLE 1
ARTICLE 85 ( 1 ) OF THE EEC TREATY IS , PURSUANT TO ARTICLE 85 ( 3 ) THEREOF , HEREBY DECLARED INAPPLICABLE TO THE AGREEMENT CONCLUDED ON 29 MAY 1979 BETWEEN DEUTSCHE BP OF THE ONE PART AND CARBON GAS TECHNOLOGIE GMBH TOGETHER