THAT HELD TO BE ILLEGAL BY THE CONTESTED DECISION .
2 . THE ABSENCE OF AN APPRECIABLE RESTRICTION OF COMPETITION
( A ) THE ABSENCE OF RESTRICTION OF COMPETITION BETWEEN THE MANUFACTURERS WHO WERE PARTIES TO THE BONUS SCHEME
31 THE NSO ARGUES IN THE FIRST PLACE THAT THE BONUS SCHEME DOES NOT LIMIT THE ABILITY OF RETAILERS TO MAKE EFFORTS IN FAVOUR OF PARTICULAR SUPPLIERS AND THAT COMPETITION BETWEEN MANUFACTURERS AND IMPORTERS IS THEREFORE NOT RESTRICTED .
32 THE COMMISSION CONSIDERS THAT IN THIS CASE THE REAL RESTRICTION OF COMPETITION RESULTS NOT SO MUCH FROM LIMITATIONS ON THE FREEDOM OF ACTION OF RETAILERS AS FROM THE OBLIGATIONS AGREED TO BY THE MANUFACTURERS AND IMPORTERS . BY AGREEING TO THE BONUS SCHEME MANUFACTURERS AND IMPORTERS HAVE RESTRICTED COMPETITION IN THE FORM OF REBATES , SINCE RETAILERS NO LONGER HAVE ANY INCENTIVE TO CONCENTRATE THEIR PURCHASES ON ONE OR SEVERAL MANUFACTURERS OR TO PERFORM OTHER SERVICES FOR THEM .
33 REGARD MUST FIRST BE HAD TO THE WAY IN WHICH THE REBATE PROVIDED FOR BY THE BONUS SCHEME IS PAID . ON THE ONE HAND , RETAILERS INFORM THE SPECIAL COMMITTEE ESTABLISHED FOR THAT PURPOSE OF THE TOTAL VOLUME OF THEIR CIGARETTE PURCHASES FROM MANUFACTURERS WHO ARE PARTIES TO THE SCHEME , WITHOUT SPECIFYING THE NUMBER OF CIGARETTES PURCHASED FROM EACH SUPPLIER . ON THE OTHER HAND , THE COST OF THE REBATES GRANTED TO THE BENEFICIARIES UNDER THE BONUS SCHEME IS BORNE BY MANUFACTURERS AND IMPORTERS IN PROPORTION TO THEIR TOTAL SALES TO ALL THE SPECIALIST RETAILERS .
34 IN A SYSTEM OF THAT KIND THE REBATE IS THUS PAID TO RETAILERS WITHOUT REGARD TO PARTICULAR SERVICES PROVIDED TO ONE MANUFACTURER OR TO THE VOLUME OF PURCHASES FROM HIM . A RETAILER MAY EVEN RECEIVE A REBATE CONTRIBUTED TO BY ALL MANUFACTURERS EVEN THOUGH HE HAS BOUGHT NOTHING AT ALL FROM SOME OF THEM . CONSEQUENTLY , UNDER THE BONUS SCHEME THERE IS NO INCENTIVE FOR A RETAILER TO GIVE SPECIALLY FAVOURABLE TREATMENT TO THE PRODUCTS OF A SPECIFIC MANUFACTURER BECAUSE IN ANY EVENT THE REBATE WHICH HE WILL RECEIVE DOES NOT DEPEND ON HIS PARTICULAR BUSINESS RELATIONS WITH THAT MANUFACTUER .
35 SUCH A SYSTEM PREVENTS THE GRANTING OF A REBATE TO SPECIALIST RETAILERS FROM GIVING RISE TO REAL COMPETITION BETWEEN MANUFACTURERS AND IMPORTERS AND LIMITS THE AMOUNT OF SUPPLEMENTARY INDIVIDUAL REBATES . SINCE THE GRANT OF A REBATE INFLUENCES SELLING PRICES , THE MANUFACTURERS AND IMPORTERS HAVE IN ANY EVENT CONCLUDED AN AGREEMENT COVERED BY ARTICLE 85 ( 1 ) ( A ) OF THE TREATY .
( B ) THE EFFECT ON THIRD PARTIES OF THE BONUS SCHEME
36 THE NSO ARGUES FIRST OF ALL THAT , CONTRARY TO THE COMMISSION ' S ASSERTION IN PARAGRAPH 99 ( H ) OF ITS DECISION , THE BONUS SCHEME DOES NOT AFFECT THE POSITION OF MANUFACTURERS WHO ARE NOT PARTIES TO IT . THE LATTER , IT SAYS , REMAIN FREE TO SET THE AMOUNT OF ANY REBATE GRANTED