TAKEN BY IT ARE BINDING ON ITS MEMBERS . FURTHER , ARTICLE 85 ( 1 ) ALSO APPLIES TO ASSOCIATIONS IN SO FAR AS THEIR OWN ACTIVITIES OR THOSE OF THE UNDERTAKINGS BELONGING TO THEM ARE CALCULATED TO PRODUCE THE RESULTS WHICH IT AIMS TO SUPPRESS . SINCE SEVERAL MANUFACTURERS HAVE EXPRESSLY STATED THAT THEY ARE COMPLYING WITH THE PROVISIONS OF THE RECOMMENDATION , IT CANNOT ESCAPE ARTICLE 85 OF THE TREATY SIMPLY BECAUSE IT HAS BEEN MADE BY A NON-PROFIT-MAKING ASSOCIATION .
89 NOR IS IT POSSIBLE TO ACCEPT THE ARGUMENT TO THE EFFECT THAT THE RECOMMENDATION HAS NO BINDING EFFECT AND THAT THE DECISION IS WRONG IN REFERRING IN PARAGRAPH 61 TO A GENUINE MANDATORY RULE OF CONDUCT FOR ALL FIRMS IN THE INDUSTRY . APART FROM THE FACT THAT PURSUANT TO ARTICLE 8 OF THE STATUTES OF FEDETAB THE PROVISIONS OF THE RECOMMENDATION ARE BINDING ON ITS MEMBERS , IT IS NECESSARY ALSO TO POINT OUT THAT COMPLIANCE WITH THE RECOMMENDATION BY SEVEN UNDERTAKINGS , THE APPLICANTS IN THE PRESENT CASES , WHO CONTROL A SUBSTANTIAL PART OF THE TOTAL CIGARETTE SALES IN BELGIUM , HAS A PROFOUND INFLUENCE ON COMPETITION IN THE MARKET IN QUESTION .
B - WRONG ASSESSMENT ALLEGED BY THE APPLICANT HVL
90 THE APPLICANT HVL , A LUXEMBOURG CIGARETTE MANUFACTURER , COMPLAINS OF INFRINGEMENT OF ARTICLES 85 AND 190 OF THE TREATY WITH REGARD TO IT , INASMUCH AS THE COMMISSION WRONGLY CONSIDERED THAT HVL TOOK CONCERTED ACTION WITH THE OTHER PARTIES IN RESPECT OF THE MEASURES PRIOR TO 1 DECEMBER 1975 . IN THAT RESPECT THE APPLICANT OBSERVES THAT AS REGARDS THE PERIOD PRIOR TO 1 DECEMBER IT DIT NOT SIGN ANY OF THE AGREEMENTS REFERRED TO IN THE DECISION EXCEPT THE LETTER OF 23 DECEMBER 1971 LAYING DOWN THE MAXIMUM PERIODS ALLOWED FOR PAYMENT . IT FOLLOWS THAT ONLY THE MEASURES REFERRED TO IN THAT LETTER CAN BE HELD AGAINST IT . BECAUSE OF PRESSURE FROM THE BELGIAN MARKET IT FELL INTO LINE WITH THE CONDUCT OF THE OTHER BELGIAN MANUFACTURERS AND IMPORTERS , BUT THAT DID NOT MEAN THAT THERE COULD BE ASSUMED TO BE AN AGREEMENT OR CONCERTED PRACTICE .
91 THAT ARGUMENT CANNOT BE ACCEPTED . THE APPLICANT HAS BEEN A MEMBER OF FEDETAB SINCE 1947 AND PURSUANT TO ARTICLE 8 OF THE STATUTES OF FEDETAB THE APPLICANT HAD TO COMPLY WITH ALL THE DECISIONS TAKEN PURSUANT TO THE SAID STATUTES . FURTHER , AS HAS ALREADY BEEN OBSERVED IN RELATION TO THE PREVIOUS MEASURES , FEDETAB ACTED IN THE NAME OF ITS MEMBERS , WHO TOOK PART IN THE ADOPTION AND OBSERVANCE OF THE SAID MEASURES THROUGH THE INTERMEDIARY OF THEIR TRADE ASSOCIATION .
C - SUBMISSIONS RELATING TO THE EFFECT UPON COMPETITION
92 THE APPLICANTS MOREOVER ALLEGE ESSENTIALLY THAT WITH ITS DECISION THE COMMISSION INFRINGED ARTICLE 85 ( 1 ) OF THE TREATY INASMUCH AS IT WRONGLY CONSIDERED THAT THE PURPOSE OR EFFECT OF THE CONTESTED MEASURES WAS , AT THE VERY LEAST , APPRECIABLY