FIELD COVERED BY THE COOPERATION AND HENCE THAT THEY WILL REFRAIN FROM COMPETING WITH ONE ANOTHER . ALTHOUGH , UNLIKE THE OTHER TWO SHAREHOLDERS , BRITISH PETROLEUM CO . LTD , IS NOT EXPRESSLY PROHIBITED FROM COMPETING WITH THE JOINT SUBSIDIARY , EXPERIENCE HAS SHOWN THAT IT IS UNLIKELY TO DO SO . EACH OF THE PARTIES HAS EITHER DIRECTLY OR INDIRECTLY THROUGH PARTICIPATING INTERESTS IN OTHER UNDERTAKINGS , THEORETICAL OR PRACTICAL EXPERIENCE OF COAL GASIFICATION OR COAL LIQUEFACTION , THE END PRODUCTS OF WHICH ( GAS AND OIL ) CAN , TO A LARGE EXTENT , BE SUBSTITUTED FOR EACH OTHER . IT IS TO BE ASSUMED THEREFORE THAT , IN VIEW OF THEIR FINANCIAL POWER , ECONOMIC IMPORTANCE AND THE DIVERSITY OF THEIR PRINCIPAL ACTIVITIES , AT LEAST DBP AND DB WOULD BE ABLE TO ACHIEVE , EVEN INDEPENDENTLY , THE OBJECT OF THE COOPERATION . CONSEQUENTLY , THE PROHIBITION ON COMPETITION IMPOSED ON THE PARTIES BY THE AGREEMENT OR THE IMPROBABILITY OF COMPETITION BETWEEN THEM RESULTING FROM THE AGREEMENT HAS AS ITS OBJECT OR EFFECT A RESTRICTION OF COMPETITION WITHIN THE COMMON MARKET . IN VIEW OF THE INDUSTRIAL IMPORTANCE OF THE PARTIES AND THE IMPORTANCE OF THE NEW TECHNOLOGY TO BE DEVELOPED IN THE FIELD OF ENERGY , THIS RESTRICTION IS ALSO APPRECIABLE .
THE SAME APPLIES TO THE OBLIGATION ON THE PARTIES TO REFRAIN , IN THE EVENT OF 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 . THIS OBLIGATION PREVENTS SHAREHOLDERS WHO DECIDE TO WITHDRAW FROM EXPLOITING KNOW-HOW WHICH THEY TRANSFERRED TO THE JOINT SUBSIDIARY WHEN IT WAS SET UP AND SUBSEQUENTLY PLACED AT ITS DISPOSAL FREE OF CHARGE . IT REINFORCES THE PROHIBITION ON COMPETITION IMPOSED ON THE SHAREHOLDERS BY MAKING IT MORE DIFFICULT FOR A SHAREHOLDER TO COMPETE IN THE FIELD OF COOPERATION ONCE IT NO LONGER PARTICIPATES IN THE JOINT SUBSIDIARY .
2 . WITH THE POSSIBLE EXCEPTION OF PCV FOLLOWING THE WITHDRAWAL OF THE FLICK GROUP AS ITS EQUITY OWNER , THE PARTIES BELONG TO MAJOR INDUSTRIAL GROUPS WHICH HAVE CONSIDERABLE MATERIAL AND FINANCIAL RESOURCES AND WHICH ARE ACTIVE IN VIRTUALLY EVERY COUNTRY IN THE COMMUNITY . THEY ARE THEREFORE IN A POSITION TO EXPLOIT THE TECHNOLOGY DEVELOPED BY CGT IN SEVERAL COMMUNITY COUNTRIES . AS A RESULT OF THE ANTI-COMPETITIVE AGREEMENTS , THE PARTIES CEASE TO BE SUPPLIERS OF TECHNOLOGICAL KNOW-HOW IN THE FIELD OF COOPERATION IN CROSS-FRONTIER TRADE WITHIN THE COMMON MARKET . THE AGREEMENTS ARE SUCH , THEREFORE , AS TO RESTRICT TRADE BETWEEN MEMBER STATES . IN VIEW OF THE EXISTING STRUCTURE OF GAS SUPPLY IN THE COMMUNITY , CHARACTERIZED AS THEY ARE BY EXTENSIVE INTRA-COMMUNITY TRADE , TRADE BETWEEN MEMBER STATES IS AFFECTED ON THIS COUNT TOO .
B . APPLICABILITY OF ARTICLE 85 ( 3 ) OF THE EEC TREATY
UNDER ARTICLE 85 ( 3 ) , THE PROVISIONS OF ARTICLE 85 ( 1 )