INFRINGEMENTS, PROVIDED THAT THE DECISION PERMITS EACH ADDRESSEE TO OBTAIN A CLEAR PICTURE OF THE COMPLAINTS MADE AGAINST IT .
2 . COMMUNITY INSTITUTIONS ARE UNDER A DUTY TO SEND AN UNDERTAKING TO WHICH A DECISION IS ADDRESSED A COPY OF THAT DECISION IN THE LANGUAGE OF THE MEMBER STATE TO WHICH THIS UNDERTAKING BELONGS .
IF THIS REQUIREMENT IS FULFILLED, THE FACT THAT THE COMMISSION ALSO SENT AN UNDERTAKING COPIES OF THE DECISION IN OTHER LANGUAGES IS NOT SUCH AS TO CALL INTO QUESTION ITS VALIDITY .
3 . FOR THE PURPOSE OF DETERMINING THE PERSONS TO WHOM A DECISION, WHICH FINDS THAT THERE HAS BEEN AN INFRINGEMENT OF ARTICLES 85 OR 86 OF THE TREATY, APPLIES, ONLY THE OPERATIVE PART OF THIS DECISION MUST BE CONSIDERED, PROVIDED THAT IT IS NOT OPEN TO MORE THAN ONE INTERPRETATION .
4 . THE CONCEPT OF A 'CONCERTED PRACTICE' REFERS TO A FORM OF COORDINATION BETWEEN UNDERTAKINGS, WHICH, WITHOUT HAVING BEEN TAKEN TO THE STAGE WHERE AN AGREEMENT PROPERLY SO-CALLED HAS BEEN CONCLUDED, KNOWINGLY SUBSTITUTES FOR THE RISKS OF COMPETITION, PRACTICAL COOPERATION BETWEEN THEM WHICH LEADS TO CONDITIONS OF COMPETITION WHICH DO NOT CORRESPOND TO THE NORMAL CONDITIONS OF THE MARKET, HAVING REGARD TO THE NATURE OF THE PRODUCTS, THE IMPORTANCE AND NUMBER OF THE UNDERTAKINGS AS WELL AS THE SIZE AND NATURE OF THE SAID MARKET .
SUCH PRACTICAL COOPERATION AMOUNTS TO A CONCERTED PRACTICE, PARTICULARLY IF IT ENABLES THE PERSONS CONCERNED TO CONSOLIDATE ESTABLISHED POSITIONS TO THE DETRIMENT OF EFFECTIVE FREEDOM OF MOVEMENT OF THE PRODUCTS IN THE COMMON MARKET AND OF THE FREEDOM OF CONSUMERS TO CHOOSE THEIR SUPPLIERS .
THESE CRITERIA OF 'COORDINATION' AND 'COOPERATION' LAID DOWN BY THE CASE-LAW OF THE COURT, WHICH IN NO WAY REQUIRE THE WORKING OUT OF AN ACTUAL PLAN, MUST BE UNDERSTOOD IN THE LIGHT OF THE CONCEPT INHERENT IN THE PROVISIONS OF THE TREATY RELATING TO COMPETITION THAT EACH ECONOMIC OPERATOR MUST DETERMINE INDEPENDENTLY THE POLICY WHICH HE INTENDS TO ADOPT ON THE COMMON MARKET INCLUDING THE CHOICE OF THE PERSONS AND UNDERTAKINGS TO WHICH HE MAKES OFFERS OR SELLS .
ALTHOUGH IT IS CORRECT TO SAY THAT THIS REQUIREMENT OF INDEPENDENCE DOES NOT DEPRIVE ECONOMIC OPERATORS OF THE RIGHT TO ADAPT THEMSELVES INTELLIGENTLY TO THE EXISTING AND ANTICIPATED CONDUCT OF THEIR COMPETITORS, IT DOES HOWEVER STRICTLY PRECLUDE ANY DIRECT OR INDIRECT CONTACT BETWEEN SUCH OPERATORS, THE OBJECT OR EFFECT WHEREOF IS EITHER TO INFLUENCE THE CONDUCT ON THE MARKET OF AN ACTUAL OR POTENTIAL COMPETITOR OR TO DISCLOSE TO SUCH A COMPETITOR THE COURSE OF CONDUCT WHICH THEY THEMSELVES HAVE DECIDED TO ADOPT OR CONTEMPLATE ADOPTING ON THE MARKET .
IF AN ECONOMIC OPERATOR ACCEPTS THE COMPLAINTS MADE TO HIM BY ANOTHER OPERATOR IN CONNEXION WITH THE COMPETITION TO WHICH THE PRODUCTS MANUFACTURED BY THE FORMER OPERATOR EXPOSE THE LATTER, THE CONDUCT OF THE OPERATORS CONCERNED AMOUNTS TO A CONCERTED PRACTICE .
THE FACT THAT A VENDOR ALIGNS HIS PRICE ON THE HIGHEST PRICE CHARGED BY A COMPETITOR IS