FACT THAT THE DEVELOPMENT OF THIS TYPE OF INTERRUPTER IS CONTINUING MEANS THAT THE MARKET IN WHICH IT WILL BE POSSIBLE TO SELL SHOULD EXPAND BY ENABLING DESIGNERS OF SWITCHGEAR APPARATUS TO ANTICIPATE THE POSSIBILITY OF USING THE VACUUM TYPE INTERRUPTER IN APPARATUS OF HIGHER CAPACITY THAN AT PRESENT . THIS WILL RESULT IN THEIR DESIGNING MORE APPARATUS USING THE VACUUM INTERRUPTER , WHICH SHOULD INCREASE DEMAND FOR THE PRODUCT AND IN TURN CONTRIBUTE TO THE IMPROVEMENT OF PRODUCTION AND DISTRIBUTION OF THE GOODS . FURTHER , BY CONTINUING RESEARCH , VACUUM INTERRUPTERS LTD IS PROMOTING TECHNICAL AND ECONOMIC PROGRESS .
21 . VACUUM INTERRUPTERS LTD ARE FREE TO SELL VACUUM INTERRUPTERS TO ANY SWITCHGEAR MANUFACTURER ANYWHERE TO HIS SPECIFICATIONS . WHEN THEY MANUFACTURE FOR EITHER AEI OR RP THE DESIGNS AND SPECIFICATIONS TO WHICH THEY WORK FOR EITHER COMPANY ARE KEPT SECRET FROM THE OTHER . THE ORDERS ARE PLACED AND HANDLED INDEPENDENTLY . THE COMPANY IS CONSEQUENTLY ABLE TO CONCENTRATE THE WORK IT DOES IN THE FIELD IN WHICH IT WAS INTENDED , NAMELY THE PRODUCTION OF THIS COMPONENT FOR SWITCHGEAR APPARATUS , AND IT DOES NOT EXTEND THE AREA OF ITS ACTIVITY INTO ANY RELATED FIELDS WHICH WOULD GIVE RISE TO MORE COOPERATION AND TO AN UNNECESSARY RESTRICTION OF COMPETITION .
22 . HAVING REGARD TO THE CONTENTS OF THE NOTIFICATION AND THE ANNEXES SUBMITTED THEREWITH , THE EVIDENCE AVAILABLE AND THE RESULTS OF THE ENQUIRIES AND INVESTIGATIONS CARRIED OUT , THE COMMISSION IN THIS CASE ACCEPTS THE SUBMISSIONS OF VACUUM INTERRUPTERS LTD IN SUPPORT OF THEIR CLAIM FOR EXEMPTION UNDER ARTICLE 85 ( 3 ) , WHICH ARE HEREINAFTER SET OUT :
( 1 ) THE AVAILABILITY OF VACUUM INTERRUPTERS ENABLES SWITCHGEAR MANUFACTURERS TO DESIGN , DEVELOP AND MANUFACTURE ELECTRIC CIRCUIT BREAKERS WHICH HAVE TECHNICAL ADVANTAGES OVER EXISTING AIR AND LIQUID APPARATUS .
( 2 ) THE AGREEMENT MAKES PROVISION FOR THE FINANCIAL RESOURCES AND TECHNICAL SUPPORT NECESSARY TO ENABLE THE RESEARCH AND DEVELOPMENT OF VACUUM INTERRUPTERS TO BE CARRIED OUT IN DEPTH .
( 3 ) THE USERS OF SWITCHGEAR INCORPORATING VACUUM INTERRUPTERS RECEIVE BENEFITS THEREFROM .
( 4 ) THE AGREEMENT ENABLES THE VACUUM TYPE INTERRUPTER TO BE DEVELOPED , MANUFACTURED , AND SOLD TO CONSUMERS WITHIN THE EEC ON A COMPETITIVE BASIS WITH THOSE WHICH WILL BE AVAILABLE FOR IMPORT INTO THE EEC FROM THE UNITED STATES AND JAPAN WHEN A MARKET FOR THE VACUUM INTERRUPTER IS ESTABLISHED WITHIN THE MEMBER STATES OF THE EEC .
( 5 ) THE TECHNICAL AND FINANCIAL EFFORT REQUIRED TO PRODUCE THE VACUUM INTERRUPTER AS A COMMERCIALLY VIABLE PRODUCT WITHIN A USEFUL PERIOD OF TIME WOULD NOT HAVE BEEN ACHIEVED IF BOTH OF THE PARTIES HAD RELIED SOLELY ON THEIR OWN RESOURCES .
23 . THE AGREEMENTS DO NOT CONTAIN ANY RESTRICTIONS WHICH ARE NOT INDISPENSABLE TO THE ATTAINMENT OF THEIR OBJECTIVES . THE PRINCIPAL AGREEMENT PROVIDES THAT THE PARTIES WOULD MAKE " REASONABLE EFFORTS " TO ENSURE THAT THEIR ASSOCIATED COMPANIES DID NOT DEVELOP , DESIGN