OPINION THAT THIS QUESTION CANNOT BE RESOLVED IN INTERLOCUTORY PROCEEDINGS .
19 IN ORDER TO DEMONSTRATE THE URGENCY OF ITS APPLICATION AND THE SERIOUS AND IRREPARABLE DAMAGE WHICH IT WOULD SUFFER IF THE INTERIM MEASURE APPLIED FOR WERE NOT GRANTED , THE APPLICANT CLAIMS THAT IT HAS LOST CUSTOMERS SINCE 31 DECEMBER 1985 , THE DATE ON WHICH DECISION NO 85/609 ENTERED INTO FORCE , BECAUSE IT WAS NOT ABLE TO ALIGN ITS PRICES ON COMPETITORS ' PRICES WHICH UNDERCUT ITS OWN . AS A RESULT , ITS SALES OF BROMIDE MIX HAVE DROPPED BY 50% AND THOSE OF BENZOYL PEROXIDE BY 25% . IN ADDITION IT REFERS TO THE FIGURES CONTAINED IN ANNEX IV TO ITS MAIN APPLI CATION WHICH INDICATE THE UNDERCUTTING ENGAGED IN BY ITS COMPETITORS AND THE ALIGNMENT OF AKZO ' S PRICES TO WHICH THAT GAVE RISE .
20 IN REPLY TO A QUESTION PUT TO IT AT THE HEARING , IT STATED THAT THE UNDERCUTTING WHICH HAD TAKEN PLACE WITH REGARD TO ITS CUSTOMERS SINCE 31 DECEMBER 1985 HAD BEEN CARRIED OUT SOLELY BY DIAFLEX AND NOT BY ECS .
21 MOREOVER IT EMPHASIZES THAT IF THE THIRD PARAGRAPH OF ARTICLE 3 REMAINS IN FORCE , IT WILL SUFFER SERIOUS AND IRREPARABLE DAMAGE BECAUSE UNDER THAT PROVISION ONLY TWO POSSIBLE SOLUTIONS ARE OPEN TO IT , BOTH OF WHICH ARE LIABLE TO DAMAGE IT . IT CAN DECIDE EITHER NOT TO ALIGN ITS PRICE QUOTATIONS AND LOSE THE CUSTOMERS CONCERNED OR TO ALIGN THEM , WITH A CONSEQUENT GENERAL REDUCTION IN ITS PROFIT MARGIN SINCE IT WOULD THEN BE REQUIRED TO ADJUST THE PRICES CHARGED TO ALL COMPARABLE CUSTOMERS .
22 FOR ITS PART , THE COMMISSION EMPHASIZES THAT AKZO HAS PUT FORWARD NO ARGUMENT LEADING TO THE CONCLUSION THAT APPLICATION OF THE THIRD PARAGRAPH OF ARTICLE 3 OF DECISION NO 85/609 WOULD JEOPARDIZE AKZO ' S VIABILITY IN THE FLOUR ADDITIVES SECTOR . NOTHING IN THAT PROVISION PREVENTS AKZO FROM ALIGNING ITS PRICES ON THOSE OFFERED BY DIAFLEX SINCE THE PROHIBITION ON ALIGNING ITS PRICES CONTAINED IN THAT ARTICLE APPLIES ONLY TO CASES IN WHICH ECS AND AKZO ARE IN COMPETITION FOR A CUSTOMER ' S ORDER . THE FIGURES PUT FORWARD BY THE APPLICANT AT THE HEARING CANNOT THEREFORE CONSTITUTE EVIDENCE THAT AKZO HAS SUFFERED SERIOUS AND IRREPARABLE DAMAGE .
23 IN THAT CONNECTION , IT WOULD APPEAR PRIMA FACIE THAT THE ACTUAL WORDING OF THE THIRD PARAGRAPH OF ARTICLE 3 OF DECISION NO 85/609 CONFIRMS THE COMMISSION ' S STATEMENT AT THE HEARING TO THE EFFECT THAT THE PROHIBITION ON ALIGNING PRICE QUOTATIONS APPLIES ONLY WHEN ECS AND AKZO ARE IN COMPETITION FOR A CUSTOMER ' S ORDER AND NOT WHEN THE LATTER IS COMPETING WITH DIAFLEX . THUS , HAD IT WISHED , AKZO COULD HAVE ALIGNED ITS PRICE QUOTATIONS ON THOSE MADE BY DIAFLEX TO ITS CUSTOMERS WITHOUT INFRINGING THAT ARTICLE .
24 THAT FINDING MUST BE SET ALONGSIDE THE APPLICANT ' S STATEMENT AT THE HEARING THAT IT