THOSE TYPES OF INFRINGEMENT WHICH ARE PARTICULARLY HARMFUL TO THE ATTAINMENT OF THE OBJECTIVES OF THE COMMUNITY .
107 FROM THAT POINT OF VIEW , THE COMMISSION WAS RIGHT TO CLASSIFY AS VERY SERIOUS INFRINGEMENTS PROHIBITIONS ON EXPORTS AND IMPORTS SEEKING ARTIFICIALLY TO MAINTAIN PRICE DIFFERENCES BETWEEN THE MARKETS OF THE VARIOUS MEMBER STATES . SUCH PROHIBITIONS JEOPARDIZE THE FREEDOM OF INTRA-COMMUNITY TRADE , WHICH IS A FUNDAMENTAL PRINCIPLE OF THE TREATY , AND THEY PREVENT THE ATTAINMENT OF ONE OF ITS OBJECTIVES , NAMELY THE CREATION OF A SINGLE MARKET .
108 IT WAS ALSO OPEN TO THE COMMISSION TO HAVE REGARD TO THE FACT THAT PRACTICES OF THIS NATURE , ALTHOUGH THEY WERE ESTABLISHED AS BEING UNLAWFUL AT THE OUTSET OF COMMUNITY COMPETITION POLICY , ARE STILL RELATIVELY FREQUENT ON ACCOUNT OF THE PROFIT THAT CERTAIN OF THE UNDERTAKINGS CONCERNED ARE ABLE TO DERIVE FROM THEM AND , CONSEQUENTLY , IT WAS OPEN TO THE COMMISSION TO CONSIDER THAT IT WAS APPROPRIATE TO RAISE THE LEVEL OF FINES SO AS TO REINFORCE THEIR DETERRENT EFFECT .
GROUNDS CONTINUED UNDER DOC.NUM : 680J0100.1109 FOR THE SAME REASONS , THE FACT THAT THE COMMISSION , IN THE PAST , IMPOSED FINES OF A CERTAIN LEVEL FOR CERTAIN TYPES OF INFRINGEMENT DOES NOT MEAN THAT IT IS ESTOPPED FROM RAISING THAT LEVEL WITHIN THE LIMITS INDICATED IN REGULATION NO 17 IF THAT IS NECESSARY TO ENSURE THE IMPLEMENTATION OF COMMUNITY COMPETITION POLICY . ON THE CONTRARY , THE PROPER APPLICATION OF THE COMMUNITY COMPETITION RULES REQUIRES THAT THE COMMISSION MAY AT ANY TIME ADJUST THE LEVEL OF FINES TO THE NEEDS OF THAT POLICY .
110 THE SUBMISSION MUST THEREFORE BE REJECTED .
( B ) THE ALLEGED ABSENCE OF INTENTION ON THE PART OF PIONEER
111 PIONEER ARGUES THAT IT DID NOT ACT INTENTIONALLY SINCE IT COULD NOT KNOW THAT ITS CONDUCT WAS UNLAWFUL .
112 ON THE BASIS OF THE ASSESSMENT , CARRIED OUT ABOVE IN PART B ( D ), OF THE EVIDENCE ADDUCED AS REGARDS PIONEER ' S CONDUCT , THE COURT FINDS THAT PIONEER MUST HAVE BEEN FULLY AWARE THAT ITS CONDUCT WAS OF SUCH A NATURE AS TO ENCOURAGE RESTRICTIONS ON COMPETITION . THAT IS SUFFICIENT FOR A FINDING THAT THAT UNDERTAKING ACTED INTENTIONALLY . THIS SUBMISSION MUST THEREFORE BE REJECTED .
( C ) THE USE OF TURNOVER AS THE BASIS FOR CALCULATING THE FINES
113 MELCHERS CLAIMS THAT IT IS UNLAWFUL TO FIX THE FINES IN PROPORTION TO THE UNDERTAKING ' S TURNOVER , AS THE COMMISSION HAS DONE IN THE PRESENT CASES . IT ARGUES THAT TURNOVER IN FACT GIVES NO INDICATION OF THE PROFITABILITY OF THE UNDERTAKING OR OF ITS ABILITY TO PAY A FINE .
114 IN ANY EVENT , MELCHERS , MDF AND PIONEER CLAIM THAT THE FINE CANNOT BE CALCULATED , AS THE COMMISSION HAS DONE IN THE PRESENT CASE , ON THE BASIS OF THE TOTAL TURNOVER OF THE UNDERTAKING , SINCE THE GOODS IN RESPECT OF