OBJECTIONS IN WHICH IT DECLARED THAT IN ITS OPINION CERTAIN AGREEMENTS , DECISIONS AND CONCERTED PRACTICES OF FEDETAB AND ITS MEMBERS WERE CONTRARY TO ARTICLE 85 OF THE TREATY .
6 THE HEARING OF THE APPLICANTS IN THESE CASES AND OF THE COMPLAINANT GB WAS FIXED FOR 22 OCTOBER 1975 . ON 21 OCTOBER 1975 THE COMPANY MESTDAGH FRERES ET CIE , SA , WHOLESALERS WITH MULTIPLE BRANCHES , AND THE COMPANY EUGENE HUYGHEBAERT , SA , FOOD WHOLESALERS , ASKED TO BE JOINED TO THE COMPLAINT BY GB AND LODGED COMPLAINTS WITH THE COMMISSION UNDER ARTICLE 3 ( 2 ) OF REGULATION NO 17 .
7 THE HEARING TOOK PLACE AS ARRANGED ON 22 OCTOBER 1975 , BUT SUBSEQUENTLY THE PROCEEDINGS WERE EXTENDED TO THE RECOMMENDATION IN RELATION TO THE SALE OF CIGARETTES ON THE BELGIAN MARKET ADOPTED BY FEDETAB AND NOTIFIED BY IT ON 1 DECEMBER 1975 PURSUANT TO ARTICLES 2 AND 4 OF REGULATION NO 17 . ON 17 MAY 1976 THE COMMISSION SENT FEDETAB AND THE OTHER APPLICANTS WHO HAD ALSO GIVEN NOTICE OF THE RECOMMENDATION A SECOND NOTICE OF OBJECTIONS WHICH RELATED TO THE SAID RECOMMENDATION AND WHICH WAS THE SUBJECT ON 22 SEPTEMBER 1976 OF A SECOND HEARING OF THE APPLICANTS .
8 AFTER SENDING THE APPLICANTS FINAL REQUESTS FOR INFORMATION AND OBTAINING THE OPINION OF THE ADVISORY COMMITTEE ON RESTRICTIVE PRACTICES AND DOMINANT POSITIONS THE COMMISSION ON 20 JULY 1978 ADOPTED THE CONTESTED DECISION CONCERNING BOTH THE COMPLAINTS BY GB AND MESTDAGH AND HUYGHEBAERT AND THE FEDETAB RECOMMENDATION OF 1 DECEMBER 1975 .
9 ACCORDING TO ARTICLE 1 OF THE DECISION , THE AGREEMENTS BETWEEN THE ADDRESSEES THEREOF AND THE DECISIONS BY AN ASSOCIATION OF UNDERTAKINGS TAKEN BY FEDETAB CONCERNING THE ORGANIZATION OF THE DISTRIBUTION AND SALE OF TOBACCO PRODUCTS IN BELGIUM AND HAVING AS THEIR OBJECT :
( 1 ) THE APPROVAL AND CLASSIFICATION OF WHOLESALERS AND RETAILERS INTO DIFFERENT CATEGORIES BY FEDETAB , BRUSSELS , IN ORDER TO ALLOCATE DIFFERENT PROFIT MARGINS TO SUCH CATEGORIES ;
( 2)THE MAINTENANCE OF RESALE PRICES SET BY THE MANUFACTURERS , UNDER THE AGREEMENT OF 22 MAY AND 5 OCTOBER 1967 BETWEEN FEDETAB AND FNCG AND THE SUPPLEMENTARY AGREEMENT OF 29 DECEMBER 1970 ;
( 3)THE RESTRICTIONS IMPOSED BY FEDETAB ON THE APPROVAL OF CERTAIN CATEGORIES OF WHOLESALERS ;
( 4)THE BAN ON RESALES TO OTHER WHOLESALERS , UNDER THE JOINT MEASURES AND THE ADDITIONAL AGREEMENT OF 22 MARCH 1972 ;
( 5)THE APPLICATION TO WHOLESALERS AND RETAILERS OF STANDARD TERMS OF PAYMENT , UNDER THE JOINT MEASURES OF 23 DECEMBER 1971 ;
( 6)THE DECISION OF FEDETAB TO OBLIGE RETAILERS TO STOCK A MINIMUM NUMBER OF BRANDS AND THE AGREEMENTS ENTERED INTO AND JOINT MEASURES TAKEN BY CERTAIN OF ITS MEMBERS TO ENSURE THAT RETAILERS FULFILLED THEIR OBLIGATION :
' ' CONSTITUTED , FROM 13 MARCH 1962 TO 1 DECEMBER 1975 , INFRINGEMENTS OF ARTICLE 85 ( 1 ) OF THE TREATY ' ' .
10 ACCORDING TO ARTICLE 2 , THE FEDETAB RECOMMENDATION