CHARGED BY HUGIN AB TO HUGIN UK AND THAT WHICH IS CURRENTLY CHARGED BY HUGIN UK TO END USERS IN THE UNITED KINGDOM AND WHICH ALLOWS TO HUGIN UK AN ADEQUATE MARGIN OF PROFIT AND TO LIPTONS A REASONABLE TRADE DISCOUNT .
UNDER ARTICLE 16 ( 1 ) OF REGULATION 17 THE COMMISSION MAY , BY DECISION , IMPOSE PERIODIC PENALTIES FROM 50 TO 1 000 UNITS OF ACCOUNT FOR EACH DAY OF DELAY FROM SUCH DATE AS MAY BE FIXED IN THE DECISION IN ORDER TO COMPEL UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS TO BRING AN INFRINGEMENT OF ARTICLE 86 TO AN END . IN ORDER , THEREFORE , TO ENSURE THAT HUGIN AB DOES BRING THE INFRINGEMENT IN QUESTION TO AN END THE COMMISSION CONSIDERS THAT IT SHOULD IMPOSE AN OBLIGATION ON THIS UNDERTAKING TO SUBMIT FOR THE APPROVAL OF THE COMMISSION , WITHIN ONE MONTH OF THE NOTIFICATION OF THIS DECISION , PROPOSALS RELATING TO THE RESUMPTION OF SUPPLIES OF SPARE PARTS TO LIPTONS AND , FURTHERMORE , IN ORDER TO ENSURE THAT THIS OBLIGATION IS COMPLIED WITH , THE COMMISSION SHOULD IMPOSE PERIODIC PENALTIES FOR EACH DAY OF DELAY .
C . ARTICLE 15 ( 2 ) OF REGULATION 17
UNDER ARTICLE 15 ( 2 ) OF REGULATION 17 THE COMMISSION MAY , BY DECISION , IMPOSE ON UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS FINES OF FROM 1 000 TO ONE MILLION UNITS OF ACCOUNT OR A SUM IN EXCESS THEREOF BUT NOT EXCEEDING 10 % OF THE TURNOVER IN THE PREVIOUS BUSINESS YEAR OF EACH OF THE UNDERTAKINGS PARTICIPATING IN THE INFRINGEMENT , WHERE EITHER INTENTIONALLY OR NEGLIGENTLY THEY INFRINGE ARTICLE 85 ( 1 ) OR ARTICLE 86 OF THE TREATY . IN FIXING THE AMOUNT OF THE FINE , REGARD SHALL BE HAD BOTH TO THE GRAVITY AND TO THE DURATION OF THE INFRINGEMENT .
IN SO FAR AS THE COMMISSION CONSIDERS THAT HUGIN AB AND HUGIN UK INFRINGED ARTICLE 86 OF THE EEC TREATY BY REFUSING TO SUPPLY HUGIN SPARE PARTS TO LIPTONS , THE COMMISSION ALSO TAKES THE VIEW THAT HUGIN AB AND HUGIN UK KNEW THAT , AS A REASONABLE CONSEQUENCE OF WHAT THEY WERE DOING , LIPTONS ' ABILITY TO CONTINUE TO SERVICE , MAINTAIN , REPAIR , RECONDITION AND RENT OUT HUGIN CASH REGISTERS WOULD BE IMMEDIATELY IMPAIRED AND ULTIMATELY TERMINATED . IN SO FAR AS THE COMMISSION FURTHER CONSIDERS THAT HUGIN AB HAS ALSO INFRINGED ARTICLE 86 BY IMPOSING PROHIBITIONS ON ITS SUBSIDIARIES AND DISTRIBUTORS WITHIN THE COMMON MARKET IN RESPECT OF THE SUPPLY OF SPARE PARTS FOR THE CASH REGISTERS OF ITS MANUFACTURE OUTSIDE ITS DISTRIBUTION NETWORK , THE COMMISSION CONSIDERS THAT HUGIN AB KNEW OR MUST BE TAKEN TO HAVE KNOWN THAT THE RESTRICTIONS ON THE SUPPLY OF ITS SPARE PARTS WOULD SEVERELY RESTRICT COMPETITION IN HUGIN PRODUCTS WITHIN THE COMMON MARKET , PARTICULARLY IN THE BUSINESS OF SERVICING , REPAIRING , MAINTAINING , RENTING OUT , AND RECONDITIONING HUGIN CASH REGISTERS . THE UNDERTAKINGS CONCERNED HAVE ,