RECEIVED FROM THIRD PARTIES . AFTER HAVING EXAMINED THESE COMMENTS , THE COMMISSION ASKED CECIMO TO MAKE CERTAIN AMENDMENTS TO THE EMO RULES WHICH HAS BEEN DONE .
B . APPLICABILITY OF ARTICLE 85 ( 1 )
12 . FOR THE REASONS PREVIOUSLY OUTLINED IN THE DECISION OF 13 MARCH 1969 THE FOLLOWING MEASURES TAKEN BY CECIMO ON THE EMO RULES CONSTITUTE A DECISION BY AN ASSOCIATION OR ASSOCIATIONS OF UNDERTAKINGS WHICH HAS THE OBJECT AND EFFECT OF RESTRICTING COMPETITION WITHIN THE COMMON MARKET :
( A ) THE UNDERTAKING , BY MACHINE TOOL MANUFACTURERS HAVING DISPLAYED THEIR MACHINES AT THE EMO , TO TAKE PART NEITHER DIRECTLY NOR INDIRECTLY - EXCEPT IN CERTAIN CIRCUMSTANCES AND WITH SPECIAL AUTHORIZATION FROM CECIMO - IN ANY OTHER FAIR , EXHIBITION OR SHOW ORGANIZED THAT SAME YEAR IN ONE OF THE COUNTRIES WHOSE NATIONAL MACHINE TOOL MANUFACTURERS ' ASSOCIATION BELONGS TO CECIMO ;
( B ) EXCLUSION FROM THE EMO OF ANY MANUFACTURER WHO IS A PARTY TO A LICENSING AGREEMENT CONCERNING MACHINE TOOL MANUFACTURE , WHERE THE OTHER PARTY HAS TAKEN PART DURING THE YEAR IN OTHER EXHIBITIONS OF SUCH MACHINES , EVEN IN HIS NAME ALONE , IN ONE OF THE CECIMO MEMBER COUNTRIES ;
( C ) EXCLUSION FROM THE EMO OF ALL FIRMS IN ONE SAME GROUP OR MULTINATIONAL COMPANY WHERE ONE FIRM ALONE HAS DISPLAYED , DURING THE YEAR WHEN THE EMO IS HELD , MACHINE TOOLS AT OTHER EXHIBITIONS IN A CECIMO MEMBER COUNTRY ;
( D ) EXCLUSION FROM THE EMO OF ANY MANUFACTURER WHOSE MACHINE TOOLS HAVE BEEN DISPLAYED AT OTHER FAIRS , EXHIBITIONS OR SHOWS BY AGENTS , RESELLERS OR ANY OTHER INTERMEDIARY ;
( E ) THE AGREEMENT BY THE CECIMO GENERAL SECRETARIAT THAT MACHINE TOOLS DISPLAYED AT AN EMO MAY BE MADE AVAILABLE TO EXHIBITORS AT FAIRS , EXHIBITIONS OR SHOWS IN CECIMO MEMBER COUNTRIES , TO DEMONSTRATE TOOLING OR ACCESSORIES , WITH THE OBLIGATION , IN ALL CASES , TO REMOVE THE MANUFACTURER ' S TRADEMARK .
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AS A RESULT ORGANIZERS OF EXHIBITIONS AND FAIRS IN COMMUNITY COUNTRIES OTHER THAN THOSE WHERE THE EMO IS HELD CANNOT DISPLAY THE MACHINE TOOLS ON SHOW AT THE EMO AT THEIR EXHIBITIONS , EXCEPT IN SPECIAL CIRCUMSTANCES AND WITH CECIMO AUTHORIZATION ( SEE 7 ( C ) ( I )). ONE YEAR IN TWO THE EMO RULES THUS RESTRICT COMPETITION BETWEEN PERSONS PROVIDING SERVICES , THE ORGANIZERS OF EXHIBITIONS AND FAIRS .
ONE YEAR IN TWO THE PROMOTIONAL ACTIVITY OF MACHINE TOOL MANUFACTURERS IS RESTRICTED IF THEY EXHIBIT AT THE EMO . THIS ALSO CURTAILS OPPORTUNITIES FOR MANUFACTURERS TAKING PART IN THE EMO TO DO BUSINESS ELSEWHERE THAT SAME YEAR BY TAKING PART IN OTHER FAIRS AND EXHIBITIONS .
COMPETITIVE ACTIVITY OF MACHINE TOOL MANUFACTURERS ' DISTRIBUTORS IS ALSO RESTRICTED . EVERY OTHER YEAR , IF A MANUFACTURER DISPLAYS HIS MACHINE TOOLS AT THE EMO , NO DISTRIBUTOR OF HIS MACHINE TOOLS MAY SHOW THEM AT ANY OTHER EVENT IN CECIMO MEMBER COUNTRIES