BASED ON ALLEGED BREACHES OF THE APPLICANTS ' RIGHT TO A FAIR HEARING .
( B ) THE FAILURE TO DISCLOSE IN THE STATEMENT OF OBJECTIONS CERTAIN MATTERS MENTIONED IN THE DECISION
12 FIRST , THE APPLICANTS CLAIM THAT THE COMMISSION , IN ARTICLES 1 AND 2 OF ITS DECISION , FOUND THAT THE TWO CONCERTED PRACTICES HAD BEGUN AT THE END OF 1975 , THAT THE CONCERTED PRACTICE BETWEEN MDF , PIONEER AND MELCHERS HAD CEASED IN FEBRUARY 1976 AND THE CONCERTED PRACTICE BETWEEN MDF AND SHRIRO HAD CONTINUED UNTIL THE END OF 1977 , WHEREAS , IN ITS STATEMENT OF OBJECTIONS , THE COMMISSION WAS PROPOSING TO FIND THAT THE TWO INFRINGEMENTS HAD ONLY SUBSISTED DURING THE PERIOD ' ' LATE JANUARY/EARLY FEBRUARY 1976 ' ' .
13 THE COMMISSION MAINTAINS THAT IT WAS ON THE BASIS OF THE INFORMATION CONTAINED IN THE REPLIES TO THE STATEMENT OF OBJECTIONS AND THE REPLIES GIVEN DURING THE HEARING THAT IT CONCLUDED , IN ITS DECISION , THAT THE INFRINGEMENTS WERE OF LONGER DURATION THAN IT HAD CONSIDERED WHEN DRAWING UP THE STATEMENT OF OBJECTIONS .
14 IT IS CLEAR FROM PREVIOUS DECISIONS OF THE COURT THAT THE STATEMENT OF OBJECTIONS MUST SET FORTH CLEARLY ALL THE ESSENTIAL FACTS UPON WHICH THE COMMISSION IS RELYING AT THAT STAGE OF THE PROCEDURE . THAT MAY BE DONE SUMMARILY AND THE DECISION IS NOT NECESSARILY REQUIRED TO BE A REPLICA OF THE COMMISSION ' S STATEMENT OF OBJECTIONS . THE COMMISSION MUST TAKE INTO ACCOUNT THE FACTORS EMERGING FROM THE ADMINISTRATIVE PROCEDURE IN ORDER EITHER TO ABANDON SUCH OBJECTIONS AS HAVE BEEN SHOWN TO BE UNFOUNDED OR TO AMEND AND SUPPLEMENT ITS ARGUMENTS , BOTH IN FACT AND IN LAW , IN SUPPORT OF THE OBJECTIONS WHICH IT MAINTAINS , PROVIDED HOWEVER THAT IT RELIES ONLY ON FACTS ON WHICH THE PARTIES CONCERNED HAVE HAD AN OPPORTUNITY TO MAKE KNOWN THEIR VIEWS AND PROVIDED THAT , IN THE COURSE OF THE ADMINISTRATIVE PROCEDURE , IT HAS MADE AVAILABLE TO THE UNDERTAKINGS CONCERNED THE INFORMATION NECESSARY FOR THEIR DEFENCE .
15 SINCE , IN ACCORDANCE WITH THE LAST SUBPARAGRAPH OF ARTICLE 15 ( 2 ) OF REGULATION NO 17 , THE DURATION OF THE INFRINGEMENT IS ONE OF THE FACTORS TO BE TAKEN INTO CONSIDERATION WHEN FIXING THE FINE , IT IS CLEAR FROM THOSE DECISIONS OF THE COURT THAT THE COMMISSION , PARTICULARLY WHEN IT PROPOSES TO IMPOSE FINES , MUST STATE , AS AN ESSENTIAL FACTOR , THE DURATION ESTABLISHED BY IT ON THE BASIS OF THE INFORMATION AVAILABLE TO IT AT THE TIME WHEN IT FORMULATES THE STATEMENT OF OBJECTIONS . THE COMMISSION MAY EXTEND THE PERIOD THUS STATED IF SUPPLEMENTARY INFORMATION OBTAINED DURING THE ADMINISTRATIVE PROCEDURE SO JUSTIFIES , PROVIDED THAT THE UNDERTAKINGS HAVE HAD AN OPPORTUNITY TO MAKE THEIR VIEWS KNOWN IN THAT RESPECT .
16 IN THE PRESENT CASES IT IS NOT DISPUTED THAT THE COMMISSION DID NOT INDICATE TO THE APPLICANTS ITS INTENTION TO ESTABLISH THE EXISTENCE