, VIS-A-VIS THE COMPLAINANTS , TO MAINTAINING THE FACTUAL OR LEGAL ASSESSMENTS SET FORTH THEREIN . WHEN THE COMMISSION ULTIMATELY DECIDES TO REJECT THE COMPLAINTS IT MUST GIVE AS ITS REASONS FOR THAT DECISION ITS FINAL ASSESSMENTS BASED ON THE SITUATION EXISTING AT THE TIME WHEN THE PROCEDURE IS CLOSED , BUT IT IS NOT UNDER A DUTY TO EXPLAIN TO THE COMPLAINANTS ANY DIFFERENCES WITH RESPECT TO ITS PROVISIONAL ASSESSMENTS SET FORTH IN THE STATEMENT OF OBJECTIONS .
16 CONSEQUENTLY , THE APPLICANT ' S CONTENTION THAT THERE IS AN EVIDENT CONTRADICTION BETWEEN THE COMMISSION ' S ASSESSMENT OF THE 1981 AGREEMENTS SET OUT IN THE STATEMENT OF OBJECTIONS AND ITS ASSESSMENT OF THE 1984 AGREEMENTS SET OUT IN THE DECISION COMPLAINED OF AND THAT THE COMMISSION HAS NOT GIVEN A PROPER EXPLANATION OF THAT CONTRADICTION EITHER IN THE STATEMENT OF THE REASONS ON WHICH THE DECISION IS BASED OR IN THE COURSE OF THE WRITTEN PROCEDURE BEFORE THE COURT DOES NOT CONSTITUTE A REASON FOR SUSPECTING THE EXISTENCE OF COVERT REASONS EXTRANEOUS TO COMMUNITY LAW .
17 SIMILARLY , THE MERE FACT THAT THE COMMISSION HELD SEPARATE MEETINGS WITH THE PARTIES TO THE AGREEMENTS , AS , MOREOVER , IT ALSO DID WITH THE COMPLAINANTS , AND THAT A FORMER VICE-PRESIDENT OF THE COMMISSION PARTICIPATED IN THOSE MEETINGS IN THE CAPACITY AS ADVISER TO PHILIP MORRIS DOES NOT CONSTITUTE A SUFFICIENT REASON FOR EXAMINING THE COMMISSION ' S INTERNAL FILE WITH A VIEW TO VERIFYING THE REASONS FOR WHICH IT REJECTED THE APPLICANTS ' COMPLAINTS .
18 CONSEQUENTLY , THAT APPLICATION MUST ALSO BE DISMISSED .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
HAVING HEARD THE VIEWS OF THE ADVOCATE GENERAL ,
HEREBY ORDERS :
( 1 ) THE APPLICATIONS MADE BY THE APPLICANTS FOR THE PRODUCTION BY THE COMMISSION OF CERTAIN DOCUMENTS AND PARTS OF DOCUMENTS WHICH THE COMMISSION DID NOT COMMUNICATE TO THE APPLICANTS ON THE GROUND THAT IT CONSIDERED THAT THEY QUALIFIED FOR PROTECTION AS BUSINESS SECRETS ARE DISMISSED .
( 2 ) THE APPLICATION BY THE APPLICANT R . J . REYNOLDS INDUSTRIES INC . FOR THE PRODUCTION OF CERTAIN INTERNAL DOCUMENTS OF THE COMMISSION WITH A VIEW TO THEIR BEING EXAMINED BY THE COURT IS DISMISSED .
( 3 ) THE COSTS ARE RESERVED .