KNOW-HOW AND SIZE WOULD HAVE HELPED IT TO DEVELOP ITS SALES EVEN FURTHER . STORK WAS NOT IN BUSINESS IN THE NETHERLANDS ALONE , SINCE MUCH OF ITS SALES WERE IN OTHER COMMUNITY COUNTRIES AND ELSEWHERE .
THE FORMATION OF A JOINT VENTURE BY THESE TWO UNDERTAKINGS MEANS THAT PRODUCTION AND MARKETING , NO LONGER BEING HANDLED BY DISTINCT ENTERPRISES , WILL PROCEED IN A DIFFERENT MANNER AND FROM DIFFERENT PLACES THAN THEY WOULD HAVE IN THE ABSENCE OF THE JOINT VENTURE . DE LAVAL-STORK ' S BUSINESS COVERS THE ENTIRE COMMUNITY AND A NUMBER OF NON-MEMBER COUNTRIES . FORMATION OF DE LAVAL-STORK HAS THE FURTHER CONSEQUENCE THAT DE LAVAL INTERNATIONAL AND STORK ARE LIKELY TO REFRAIN FROM SELLING IN COMPETITION WITH THEIR JOINT SUBSIDIARY , OR AT LEAST CONSIDERABLY TO REDUCE THE EXTENT OF SUCH COMPETITION . ON THE OTHER HAND THE JOINT SUBSIDIARY IS NOT ALLOWED TO COMPETE WITH DE LAVAL INTERNATIONAL IN CERTAIN NON-MEMBER COUNTRIES , WHICH AFFECTS ITS COMPETITIVE CAPACITY WITHIN THE COMMON MARKET .
THE FORMATION OF THE JOINT SUBSIDIARY IS THEREFORE LIKELY TO ALTER THE NORMAL FLOW OF TRADE HAVING REGARD TO THE SIZE OF THE UNDERTAKINGS IN QUESTION . TRADE BETWEEN MEMBER STATES IS LIKELY , THEREFORE , TO BE APPRECIABLY AFFECTED .
4 . BEFORE CONSIDERING WHETHER COMPETITION WITHIN THE COMMON MARKET IS PREVENTED , RESTRICTED OR DISTORTED , IT SHOULD FIRST BE CONSIDERED WHETHER THE TWO UNDERTAKINGS WERE AND REMAIN ACTUAL OR AT LEAST POTENTIAL COMPETITORS IN THE VARIOUS RELEVANT MARKETS . APART FROM THE FACT THAT BOTH UNDERTAKINGS PREVIOUSLY CARRIED OUT RESEARCH AND MANUFACTURED AND SOLD MOST OF THE RELEVANT PRODUCTS THROUGHOUT THE WORLD , IT IS CLEAR THAT EACH ON ITS OWN ACCOUNT PREVIOUSLY SOLD THE GREATER PART OF ITS PRODUCTION OF THESE AND SIMILAR PRODUCTS WITHIN THE COMMON MARKET . KMS HAD ENGAGED IN RESEARCH , MANUFACTURE AND MARKETING OF A LARGE NUMBER OF THE RELEVANT PRODUCTS , AND WAS ABLE , WITHOUT HAVING TO INVEST TOO HEAVILY , TO EXTEND ITS BUSINESS TO THE OTHER PRODUCTS WHICH ARE COVERED BY THE JOINT VENTURE . DE LAVAL INTERNATIONAL , WHICH HAD DECIDED TO TRY TO PENETRATE THE EUROPEAN MARKET , HAD ALREADY BEEN EXPORTING TO EUROPE .
IN ADDITION , DE LAVAL INTERNATIONAL , ON ITS OWN , COULD HAVE ENTERED THE RELEVANT MARKETS IN EUROPE WITHOUT ANY REAL DIFFICULTY , TO WHICH END DE LAVAL AND KMS HAD IN FACT ALREADY ENTERED INTO A LICENSING AGREEMENT IN RESPECT OF THE RELEVANT PRODUCTS . THE TWO COMPANIES WERE AT THAT TIME EITHER ACTUAL COMPETITORS , OR IF NOT , THEN THE AMERICAN COMPANY , DESPITE ANY DIFFICULTIES IT MAY HAVE FOUND IN ORGANIZING ITS EUROPEAN OPERATIONS FROM THE UNITED STATES , MUST BE REGARDED AS HAVING BEEN A VERY POWERFUL POTENTIAL COMPETITOR , BOTH BECAUSE IT WAS IN BUSINESS ON THE SAME MARKETS IN THE UNITED STATES , WHICH GAVE IT THE OPPORTUNITY TO UNDERTAKE THE SAME BUSINESS ON THE COMMON MARKET WITHOUT HAVING TO BEGIN BY ACQUIRING