A DOMINANT POSITION BY UNIDI IS REDUCED BY THE FACT THAT ANCIDES NOW ORGANIZES ITS OWN COMPETING COMMERCIAL EXHIBITION AND THAT PROMOTIONAL TECHNIQUES DISTINCT FROM MAJOR COMMERCIAL EXHIBITIONS SUCH AS SO-CALLED "OPEN HOUSES", ORGANIZED BY MANUFACTURERS, AND EXHIBITIONS AT SPECIALIST CONGRESSES ARE ASSUMING INCREASING IMPORTANCE . IN THAT REGARD, IT MUST BE ADDED THAT IT IS CLEAR FROM THE PAPERS IN THE CASE THAT ALL THE MANUFACTURERS CONCERNED AND THEIR COMMERCIAL ASSOCIATES REMAIN FREE TO TAKE PART IN SUCH "OPEN HOUSES" AND EXHIBITIONS AT SPECIALIST CONGRESSES .
16 IT FOLLOWS THAT ANCIDES HAS NOT SUCCEEDED IN SHOWING THAT THE IMPORTANCE OF EXPO DENTAL HAS GIVEN RISE TO SUCH A DEGREE OF CONCENTRATION ON THE MARKET THAT THE CONDITIONS FOR THE GRANT OF AN EXEMPTION UNDER ARTICLE 85 ( 3 ) ARE NOT FULFILLED .
17 ANCIDES ALSO CLAIMS THAT THE COMMISSION INCORRECTLY ASSESSED THE SIGNIFICANCE OF THE AMENDMENTS INTRODUCED IN THE NEW EXPO DENTAL RULES COMPARED WITH THE RULES WHICH WERE THE SUBJECT OF THE COMMISSION' S 1975 DECISION .
18 IT SHOULD FIRST BE BORNE IN MIND THAT THE EXPO DENTAL RULES FROM WHICH THIS ACTION STEMS ARE ESSENTIALLY THE SAME AS THOSE WHICH WERE THE SUBJECT OF THE 1975 DECISION, EXCEPT AS REGARDS THE AMENDMENTS MENTIONED ABOVE, WHICH APPARENTLY MADE THE SYSTEM LESS RESTRICTIVE THAN BEFORE . THE COMMISSION WAS THEREFORE JUSTIFIED IN PROCEEDING ON THE BASIS THAT, AT FIRST SIGHT, THE AMENDED EXPO DENTAL RULES WERE JUST AS ELIGIBLE FOR EXEMPTION AS THE EARLIER ONES .
19 WITH REGARD TO THE SAID AMENDMENTS, ANCIDES CLAIMS IN THE FIRST PLACE THAT SINCE UNIDI HAS DECIDED THAT EXPO DENTAL EXHIBITIONS ARE TO TAKE PLACE EVERY YEAR IN JUNE AND THE PROHIBITION ON EXHIBITORS TAKING PART IN OTHER ACTIVITIES HAS BEEN REDUCED TO THE SIX MONTHS PRECEDING EXPO DENTAL AND HAVING REGARD TO THE SUMMER HOLIDAY PERIOD IN ITALY, ANCIDES HAS ONLY AN UNFAIRLY SHORT PERIOD IN WHICH TO ORGANIZE ITS OWN EXHIBITIONS .
20 IT SHOULD BE NOTED THAT NOTHING IN THE EXPO DENTAL RULES CONSIDERED BY THE COMMISSION REQUIRES THAT THE EXHIBITION SHOULD ALWAYS BE HELD IN JUNE AND, FURTHERMORE, IT EMERGED AT THE HEARING THAT THE 1986 EXPO DENTAL EXHIBITION IN FACT TOOK PLACE IN SEPTEMBER . THAT ARGUMENT MUST THEREFORE BE REJECTED .
21 IN THE SECOND PLACE, ANCIDES CLAIMS THAT THE COMMISSION OVERESTIMATED THE IMPORTANCE OF THE OTHER AMENDMENT TO THE EXPO DENTAL RULES, NAMELY THE ESTABLISHMENT OF AN ARBITRATION PANEL TO WHICH EXHIBITORS EXCLUDED FROM EXPO DENTAL COULD APPEAL .
22 IT SHOULD BE NOTED THAT, AS THE COMMISSION EXPLAINED IN THE CONTESTED DECISION, IN THE PERIOD SINCE THE ADOPTION OF DECISION 75/498, A NUMBER OF EXHIBITORS HAVE BEEN BARRED FROM EXPO DENTAL EXHIBITIONS FOR FAILING TO COMPLY WITH THE RULES . TO ENSURE THAT THE RULES ARE APPLIED OBJECTIVELY IN SUCH CASES, THE COMMISSION ASKED UNIDI TO INTRODUCE A RIGHT OF APPEAL TO AN ARBITRATION PANEL .
23 ALTHOUGH ANCIDES HAS ARGUED THAT THERE ARE DEFECTS IN THE WAY IN WHICH THE SAID