THAT ANOTHER MEMBER OF THE GROUPEMENT CONTINUED DELIVERIES FOR A CERTAIN TIME DOES NOT SUFFICE TO INVALIDATE THE COMMISSION'S FINDING THAT THERE WAS A COLLECTIVE DECISION TO REFUSE TO SUPPLY MR PEX .
21 IN CONSEQUENCE, THE CONTROL OF THE MARKET EXERCISED BY THE GROUPEMENT CHARACTERIZED BY ITS PRICING AND REBATES POLICY, AND SUPPORTED BY PENALTIES IN ORDER TO ENSURE STRICT COMPLIANCE WITH THE GENERAL CONDITIONS OF SALE, WAS INTENDED TO AND DID RESTRICT OR DISTORT COMPETITION IN BELGIUM AND, CONSEQUENTLY, WITHIN THE COMMON MARKET .
EFFECT ON TRADE BETWEEN MEMBER STATES
22 THE APPLICANTS MAINTAIN, FIRST, THAT THE AGREEMENTS AND DECISIONS OF THE GROUPEMENT WERE NOT LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES .
23 THEY MAINTAIN, SECONDLY, THAT EVEN IF, IN FACT, THE AGREEMENTS AND THE DECISIONS WERE LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES, THE CONTESTED DECISION DID NOT SPECIFY HOW THIS TRADE COULD BE AFFECTED .
24 THIRDLY, THE MEMBERS OF THE GROUPEMENT STATE THAT THEY BELIEVED IN ALL GOOD FAITH THAT THE AGREEMENTS AND DECISIONS DID NOT AFFECT TRADE BETWEEN MEMBER STATES, AND THAT THERE IS, ACCORDINGLY, NO JUSTIFICATION FOR FINES FOR A DECISION WHICH MERELY ENFORCED THE AGREEMENTS .
25 THE FACT THAT A PRICE-FIXING AGREEMENT OF THE TYPE IN QUESTION ONLY COVERS THE MARKETING OF PRODUCTS IN A SINGLE MEMBER STATE DOES NOT RULE OUT THE POSSIBILITY THAT TRADE BETWEEN MEMBER STATES MAY BE AFFECTED .
26 IN FACT, A RESTRICTIVE AGREEMENT EXTENDING OVER THE WHOLE OF THE TERRITORY OF A MEMBER STATE IS BY ITS VERY NATURE LIABLE TO HAVE THE EFFECT OF REINFORCING THE COMPARTMENTALIZATION OF MARKETS ON A NATIONAL BASIS, THEREBY HOLDING UP THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTING DOMESTIC PRODUCTION .
27 IN THIS CONNEXION IT IS IMPORTANT TO IDENTIFY THE MEANS AVAILABLE TO THE PARTIES TO A RESTRICTIVE AGREEMENT TO ENSURE THAT CUSTOMERS REMAIN LOYAL, THE RELATIVE IMPORTANCE OF THE AGREEMENT ON THE MARKET CONCERNED AND THE ECONOMIC CONTEXT IN WHICH IT EXISTS .
28 THE DECISION OF THE GROUPEMENT CONCERNING THE BAREME DE LA PRIME DE CO-OPERATION, THE LEVEL OF WHICH DEPENDS ON THE AMOUNT OF ALL PURCHASES FROM ALL MEMBERS DURING A GIVEN YEAR COULD HAVE THE EFFECT OF CONCENTRATING ORDERS WITH MEMBERS OF THE GROUPEMENT WITH THE RESULT THAT THE CUSTOMER WHO HAS ALREADY COVERED PART OF HIS REQUIREMENTS FROM MEMBERS OF THE GROUPEMENT IS ENCOURAGED TO BUY HIS ENTIRE REQUIREMENTS FROM THOSE MEMBERS, IN ORDER TO OBTAIN THE HIGHEST POSSIBLE REBATE .
29 THE DECISION DOES NOT EXPLAIN HOW THE FACT THAT 10 PER CENT OF BELGIAN IMPORTS, REPRESENTING 5 PER CENT OF THE TOTAL BELGIAN MARKET, SOLD BY THE GROUPEMENT SUBJECT TO ITS PRICES AND CONDITIONS IS, IN THE ABSENCE OF EXCLUSIVE ARRANGEMENTS BETWEEN THE MEMBERS OF THE GROUPEMENT AND FOREIGN MANUFACTURERS, LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES .
30 UNDER ARTICLE 190 OF THE TREATY, THE COMMISSION IS REQUIRED TO STATE THE REASONS ON WHICH ITS DECISIONS ARE BASED, ENUMERATING THE FACTS FORMING THE