DESCRIBED AS ' ' SPECIAL AGREEMENT IN RELATION TO CUT-PRICE SELLING ' ' TO WHOLESALERS WHO THEREBY RECOGNIZED THE AGREEMENT OF 22 MAY 1967 AND THE TWO SUPPLEMENTS THERETO OF 29 DECEMBER 1970 AND 22 MARCH 1972 ( SEE BELOW ) AND UNDERTOOK FOR THE PERIOD FROM 1 JULY 1972 TO 30 JUNE 1977 TO RESELL THE MANUFACTURED TOBACCO PRODUCTS AT THE PRICES LAID DOWN BY THE SUPPLIERS WITHOUT ANY REBATE OR BONUS .
97 THE COMMISSION ALSO REFERS TO THE REFUSAL BY FEDETAB SINCE 1 JANUARY 1971 TO APPROVE ANY NEW WHOLESALERS EXCEPT IN THE CATEGORIES OF ' ' SPECIALIST ITINERANT WHOLESALERS ' ' OR ' ' HOTELS , RESTAURANTS , CAFES ' ' OR CO-OPERATIVES OR SUPERMARKETS EXCEPT IN THE CATEGORIES OF ' ' LARGE DEPARTMENT STORES AND POPULAR DEPARTMENT STORES ' ' . APPLICANTS FOR APPROVAL IN THOSE CATEGORIES HAD TO UNDERTAKE TO OBSERVE THE PRICES LAID DOWN , TO PAY FOR THEIR PURCHASE IN CASH AND TO HELP TO PROMOTE ANY NEW BRANDS .
98 THE COMMISSION MOREOVER REFERS TO AN ADDITIONAL INTERPRETATIVE AGREEMENT OF 22 MARCH 1972 WHEREBY THE FNCG , REFERRING TO THE ADDITIONAL AGREEMENT OF 29 DECEMBER 1970 , INFORMED ITS MEMBERS THAT IN FUTURE THEY WERE STRICTLY FORBIDDEN TO SELL MANUFACTURED TOBACCO PRODUCTS TO FOOD-WHOLESALERS AND OTHER WHOLESALERS NOT DIRECTLY SUPPLIED BY MANUFACTURERS , WHERE THE PRODUCTS CONCERNED WERE FOR RESALE TO RETAILERS AND TO WHOLESALERS TO WHOM THE MANUFACTURERS HAD ALREADY ALLOCATED A QUOTA . SUPPLIES WOULD BE SUSPENDED IF THE BAN WERE BROKEN . THAT AGREEMENT WAS REINFORCED ACCORDING TO THE COMMISSION BY THE TERMS OF A STANDARD AGREEMENT SIGNED BY ALMOST ALL WHOLESALERS AFTER BEING INVITED BY FEDETAB ON 30 JUNE 1972 TO DO SO AND ACCORDING TO WHICH THE WHOLESALERS UNDERTOOK TO OBSERVE IN PARTICULAR THE ABOVE-MENTIONED BAN . FAILURE TO HONOUR THESE COMMITMENTS , ACCORDING TO THE COMMISSION , WOULD RESULT IN THE WITHDRAWAL OF END-OF-YEAR REBATES AND WHOLESALE TERMS .
99 COLLECTIVE MEASURES ON TERMS OF PAYMENT ADOPTED BY CERTAIN MEMBERS OF FEDETAB ARE ALSO THE SUBJECT OF AN OBJECTION MADE BY THE COMMISSION AGAINST THE APPLICANTS . BY LETTER DATED 23 DECEMBER 1971 ON FEDETAB LETTER PAPER NINE MANUFACTURING MEMBERS THEREOF INFORMED ALL THOSE ENJOYING WHOLESALE TERMS THAT TERMS OF PAYMENT WOULD BE REDUCED TO A MAXIMUM OF A FORTNIGHT AND THAT MANUFACTURERS WOULD SUSPEND SUPPLIES OF THOSE TIME-LIMITS WERE NOT OBSERVED . ACCORDING TO THE COMMISSION THOSE MEASURES WERE APPLIED UNTIL THE ENTRY INTO FORCE OF THE RECOMMENDATION OF 1 DECEMBER 1975 .
100 THE COMMISSION FINALLY COMPLAINS THAT THE APPLICANTS REQUIRED CERTAIN CATEGORIES OF RETAILERS , NAMELY LARGE DEPARTMENT STORES AND POPULAR DEPARTMENT STORES TO OFFER A MINIMUM RANGE OF BRANDS DECIDED UPON BY FEDETAB AND ENSURED THAT THE REQUIREMENT WAS OBSERVED BY VARIOUS COLLECTIVE MEASURES AND IN PARTICULAR BY SUSPENDING SUPPLIES OF CIGARETTES TO GB IN MARCH 1972 .
101 IT SHOULD BE NOTED THAT THE APPLICANTS DO NOT CHALLENGE THE CORRECTNESS IN SUBSTANCE OF THE FACTS ALLEGED BY THE COMMISSION EXCEPT