.
THE CONSTANT ENDEAVOURS TO ACHIEVE AN INCREASE IN THE EFFICIENCY , SAFETY AND DURABILITY OF THE VACUUM INTERRUPTER SHOULD ENSURE ECONOMIC PROGRESS AND THE INTENSIFICATION IN COMPETITION THAT CAN BE EXPECTED ON THE MARKET FOR INTERRUPTERS IN GENERAL AND SHOULD BE OF BENEFIT TO THE CONSUMER .
VACUUM INTERRUPTERS ARE SOLD TO SOPHISTICATED BUYERS WHOSE TECHNICAL AND ECONOMIC REQUIREMENTS ARE DEMANDING AND WHOSE EXPERTISE AND BARGAINING STRENGTH WILL ENSURE THAT A FAIR SHARE OF THE BENEFIT IS PASSED TO THE USER .
6 . THE SHAREHOLDING OF BRUSH WITH AEI AND RP IS , FOR THE REASONS GIVEN IN PARAGRAPH 4 HEREOF , INDISPENSABLE TO THE CONTINUED AND SUCCESSFUL OPERATION OF THE JOINT VENTURE . THE AGREEMENTS IMPOSE NO OBLIGATIONS WHICH ARE NOT INDISPENSABLE TO THE ATTAINMENT OF THESE OBJECTIVES . THE UNDERTAKINGS BY THE THREE GROUPS TO PURCHASE ALL THEIR VACUUM INTERRUPTER REQUIREMENTS FROM VIL IS REASONABLE AND WELL-FOUNDED , ESPECIALLY AS THE NEW AGREEMENT RETAINS THE CLAUSE STATING THAT , WHERE A CUSTOMER OF ONE OF THE PARENT COMPANIES OR OF ONE OF THEIR SUBSIDIARIES SPECIFIES THAT A VACUUM INTERRUPTER MADE BY ANOTHER MANUFACTURER MUST BE USED IN ELECTRICAL EQUIPMENT MANUFACTURED TO A SPECIFIC ORDER , THE CUSTOMER'S WISHES MUST BE RESPECTED .
THE CLAUSE PROVIDING THAT NONE OF THE PARENT COMPANIES SHALL DEVELOP , DESIGN , MANUFACTURE OR SELL VACUUM INTERRUPTERS ON ITS OWN , IS INDISPENSABLE FOR THE ACTIVITIES OF THE JOINT VENTURE , BECAUSE IT ENSURES TO VIL CONTINUED ENCOURAGEMENT AND FINANCIAL SUPPORT IN THE DEVELOPMENT OF THE MARKET .
THE COMPANIES AGREE TO PROCEED WITH THE JOINT OWNERSHIP AND MANAGEMENT OF VIL PRECISELY BECAUSE NONE OF THEM FEELS CAPABLE INDIVIDUALLY OF SUCCEEDING IN THE LINE OF BUSINESS WITH A REASONABLE OUTLAY OF TECHNICAL SKILL AND FINANCIAL INVESTMENT . FURTHER , THE EFFECTS OF THE AGREEMENT ARE LIMITED IN TIME SINCE AFTER 31 MARCH 1986 EACH FIRM CAN THEN WITHDRAW FROM THE AGREEMENT AND RESUME INDEPENDENT BUSINESS .
7 . THE AGREEMENT DOES NOT AFFORD THE COMPANIES CONCERNED THE POWER TO ELIMINATE COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE MARKET FOR INTERRUPTERS IN GENERAL , SINCE THAT MARKET IS DOMINATED BY THE TRADITIONAL TYPES OF INTERRUPTER AND THERE IS NO REAL COMPETITION IN THE VACUUM INTERRUPTER EXCEPT AT THE SCIENTIFIC RESEARCH STAGE ; EVEN HERE COMPETITION IS NOT ELIMINATED BECAUSE VACUUM INTERRUPTERS MANUFACTURED IN JAPAN AND THE USA CAN BE ADAPTED TO THE EUROPEAN MARKET . SIEMENS , ALREADY AN IMPORTANT MANUFACTURER OF ELECTRIC PRODUCTS IN EUROPE , IS ENGAGED IN THE RESEARCH AND MANUFACTURE OF VACUUM INTERRUPTERS IN LINE WITH VIL TECHNOLOGY . SHOULD DEMAND FOR THE VACUUM INTERRUPTER INCREASE IN EUROPE IT IS LIKELY THAT THE JAPANESE AND USA MANUFACTURERS WOULD MARKET VACUUM INTERRUPTERS SUITABLE FOR USE IN EUROPE IN COMPETITION WITH VIL .
ALL THE TESTS OF ARTICLE 85 ( 3 ) ARE ACCORDINGLY SATISFIED .
8 . LASTLY , THE COMMISSION CONSIDERS THAT THE AGREEMENT OF 27 APRIL 1978 REPLACES THE AGREEMENT OF 25 MARCH 1970 BECAUSE BRUSH