THE RISKS OF COMPETITION AND THE HAZARDS OF COMPETITORS' SPONTANEOUS REACTIONS BY COOPERATION CONSTITUTING A CONCERTED PRACTICE PROHIBITED BY ARTICLE 85 ( 1 ) OF THE TREATY .
THE EFFECT OF THE CONCERTED PRACTICE ON TRADE BETWEEN MEMBER STATES
38 THE APPLICANT ARGUES THAT THE UNIFORM PRICE INCREASES WERE NOT CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES BECAUSE NOTWITHSTANDING THE NOTICEABLE DIFFERENCES EXISTING BETWEEN PRICES CHARGED IN THE DIFFERENT STATES CONSUMERS HAVE ALWAYS PREFERRED TO MAKE THEIR PURCHASES OF DYESTUFFS IN THEIR OWN COUNTRY .
39 HOWEVER, IT APPEARS FROM WHAT HAS ALREADY BEEN SAID THAT THE CONCERTED PRACTICES, BY SEEKING TO KEEP THE MARKET IN A FRAGMENTED STATE, WERE LIABLE TO AFFECT THE CIRCUMSTANCES IN WHICH TRADE IN THE PRODUCTS IN QUESTION TAKES PLACE BETWEEN THE MEMBER STATES .
THE PARTIES WHO PUT THESE PRACTICES INTO EFFECT SOUGHT, ON THE OCCASION OF EACH PRICE INCREASE, TO REDUCE TO A MINIMUM THE RISKS OF CHANGING THE CONDITIONS OF COMPETITION .
THE FACT THAT THE INCREASES WERE UNIFORM AND SIMULTANEOUS HAS IN PARTICULAR SERVED TO MAINTAIN THE STATUS QUO, ENSURING THAT THE UNDERTAKINGS WOULD NOT LOSE CUSTOM, AND HAS THUS HELPED TO KEEP THE TRADITIONAL NATIONAL MARKETS IN THOSE GOODS " CEMENTED " TO THE DETRIMENT OF ANY REAL FREEDOM OF MOVEMENT OF THE PRODUCTS IN QUESTION IN THE COMMON MARKET .
40 THEREFORE THIS SUBMISSION IS UNFOUNDED .
THE JURISDICTION OF THE COMMISSION
41 THE APPLICANT, WHOSE REGISTERED OFFICE IS OUTSIDE THE COMMUNITY, ARGUES THAT THE COMMISSION IS NOT EMPOWERED TO IMPOSE FINES ON IT BY REASON MERELY OF THE EFFECTS PRODUCED IN THE COMMON MARKET BY ACTIONS WHICH IT IS ALLEGED TO HAVE TAKEN OUTSIDE THE COMMUNITY .
42 SINCE A CONCERTED PRACTICE IS INVOLVED, IT IS FIRST NECESSARY TO ASCERTAIN WHETHER THE CONDUCT OF THE APPLICANT HAS HAD EFFECTS WITHIN THE COMMON MARKET .
IT APPEARS FROM WHAT HAS ALREADY BEEN SAID THAT THE INCREASES AT ISSUE WERE PUT INTO EFFECT WITHIN THE COMMON MARKET AND CONCERNED COMPETITION BETWEEN PRODUCERS OPERATING WITHIN IT .
THEREFORE THE ACTIONS FOR WHICH THE FINE AT ISSUE HAS BEEN IMPOSED CONSTITUTE PRACTICES CARRIED ON DIRECTLY WITHIN THE COMMON MARKET .
IT FOLLOWS FROM WHAT HAS BEEN SAID IN CONSIDERING THE SUBMISSION RELATING TO THE EXISTENCE OF CONCERTED PRACTICES, THAT THE APPLICANT COMPANY DECIDED ON INCREASES IN THE SELLING PRICES OF ITS PRODUCTS TO USERS IN THE COMMON MARKET, AND THAT THESE INCREASES WERE OF A UNIFORM NATURE IN LINE WITH INCREASES DECIDED UPON BY THE OTHER PRODUCERS INVOLVED .
BY MAKING USE OF ITS POWER TO CONTROL ITS SUBSIDIARIES ESTABLISHED IN THE COMMUNITY, THE APPLICANT WAS ABLE TO ENSURE THAT ITS DECISION WAS IMPLEMENTED ON THAT MARKET .
43 THE APPLICANT OBJECTS THAT THIS CONDUCT IS TO BE IMPUTED TO ITS SUBSIDIARIES AND NOT TO ITSELF .
44 THE FACT THAT A SUBSIDIARY HAS SEPARATE LEGAL PERSONALITY IS NOT SUFFICIENT TO EXCLUDE THE POSSIBILITY OF IMPUTING ITS CONDUCT TO THE PARENT COMPANY .
SUCH MAY BE THE CASE IN PARTICULAR WHERE THE