COSTS REPRESENTED BY FIXED COSTS , WHICH WILL TEND TO REDUCE PRICES .
MOREOVER , THE PARTIES WILL BE ABLE JOINTLY TO PURSUE THEIR RESEARCH AND DEVELOPMENT ACTIVITIES WITH A VIEW TO A PROFITABLE INDUSTRIAL EXPLOITATION OF THE TECHNICAL EXPERIENCE WHICH THEY HAVE ACQUIRED AND CONTINUE TO ACQUIRE .
11 . THE AGREEMENT ALLOWS THE CONSUMER A FAIR SHARE OF THE RESULTING BENEFIT .
THE TEMPORARY CENTRALIZATION OF THE TWO PARTIES ' SUPPLY POTENTIAL IN THE JOINT VENTURE AND THE FLEXIBILITY WHICH FOLLOWS FROM THE POOLED OPERATION OF THE JOINT PLANT FURTHER CONTRIBUTE TO IMPROVING THE SERVICE OFFERED TO CONSUMERS BY INCREASING THE REGULARITY OF CUSTOMER SERVICE BEFORE AND AFTER DELIVERY OF TURBINE AND COMPRESSOR UNITS . THE NEW FIRM WILL BE BETTER PLACED TO TAKE ACCOUNT OF THE SPECIFIC REQUIREMENTS OF INDIVIDUAL CUSTOMERS , HAVING REGARD TO THE NEED IN THIS INDUSTRY TO ADAPT THE DESIGN AND MANUFACTURE OF PRODUCTS TO INDIVIDUAL ORDERS . USERS WILL ALSO BENEFIT FROM THE IMPROVED SERVICE OFFERED BY THE JOINT VENTURE , WHICH WILL BE ABLE TO ACT MORE QUICKLY AND MORE EFFICIENTLY IN THE EVENT OF A BREAKDOWN OF A TURBO-COMPRESSOR INSTALLATION .
BY IMPOSING CONDITIONS AND OBLIGATIONS AND BY THE SUPERVISION WHICH IT WILL CARRY OUT , THE COMMISSION WILL ENSURE THAT THE BENEFITS TO THE CONSUMER ARE EFFECTIVE AND ARE NOT IN ANY WAY DISREGARDED BY THE PARTIES . FOR THIS PURPOSE CONSUMERS THEMSELVES , MOST OF WHICH ARE LARGE FIRMS , CAN ALSO USE THEIR OWN ECONOMIC POWER .
12 . THE AGREEMENT DOES NOT AFFORD THE COMPANIES CONCERNED THE POSSIBILITY OF ELIMINATING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
ALTHOUGH CERTAIN OF THE RELEVANT MARKETS ARE OLIGOPOLISTIC IN STRUCTURE , THE MARKET POSITION OF THE TWO PARTIES IS NOT SUCH AS TO PLACE THEM AMONG THE TOP FIRMS . THEY HAVE A COMMUNITY MARKET SHARE OF BETWEEN 10 AND 15 % AND HAVE TO COMPETE WITH SOME VERY LARGE GROUPS WHICH SELL THEIR GOODS THROUGHOUT THE WORLD AND HAVE CAPACITIES AND SALES OFTEN FAR GREATER THAN THAT OF DE LAVAL-STORK .
13 . WITH THE EXCEPTION OF TWO MATTERS CONSIDERED BELOW , THE AGREEMENT IMPOSES NO RESTRICTIONS WHICH ARE NOT INDISPENSABLE TO THE ATTAINMENT OF THE OBJECTIVES DESCRIBED ABOVE .
THE FORMATION OF THE JOINT VENTURE IS INDISPENSABLE , SINCE IT LEADS TO A REDUCTION IN THE NECESSARY INVESTMENTS AND THE RISKS ASSOCIATED THEREWITH , WITHOUT WHICH NEITHER OF THE PARENTS COULD EXPECT TO PENETRATE THE RELEVANT MARKETS AS QUICKLY OR AS EFFECTIVELY .
ALTHOUGH IT IS NOT ALWAYS INDISPENSABLE FOR RESEARCH , PRODUCTION AND MARKETING TO BE POOLED , THE PARTICULAR CIRCUMSTANCES OF THIS CASE JUSTIFY THE EXTENSION OF THE JOINT VENTURE ' S ACTIVITIES TO THE JOINT MARKETING OF THE RELEVANT GOODS AND , AS A RESULT , TO THE FIXING OF COMMON PRICES . CLOSE TECHNICAL COOPERATION WITH THE PURCHASER IS NECESSARY IN ORDER THAT THE MARKET MAY BE RESEARCHED , ORDERS OBTAINED , PLANS FOR TURBINES AND COMPRESSORS