UNIT '.
38 IT FOLLOWS FROM THE PASSAGES QUOTED THAT THERE IS NO FOUNDATION IN THE COMPLAINT, WHICH MUST THEREFORE BE REJECTED, THAT THE COMMISSION ALTERED ITS POSITION DURING THE COURSE OF THE PRESENT PROCEEDINGS IN THAT AFTER HAVING AGREED IN ITS DECISION THAT THE TWO COMPANIES CONSTITUTED AN ECONOMIC UNIT IN EVERY RESPECT, IT RESTRICTED ITS POSITION TO THE ARGUMENT THAT IN ANY CASE THEY ACTED AS SUCH A UNIT IN THEIR RELATIONS WITH ZOJA .
39 AS TO THE SUBSTANCE OF THE SUBMISSION, BESIDES THE PARTICULARS GIVEN IN SECTION II-A, THE DISPUTED DECISION CONTAINS OTHER PARTICULARS WHICH ARE CAPABLE OF SHOWING THAT THE ARGUMENT THAT, IN THEIR CONDUCT VIS A VIS ZOJA, CSC AND ISTITUTO ACT AS ONE ECONOMIC UNIT, IS WELL-FOUNDED . IN THIS RESPECT THE COINCIDENCE POINTED OUT IN SECTION II-A OF THE PERIODS WHEN CSC DECIDED TO PROLONG ITS PRODUCTION TO A STAGE BEYOND FINISHING AND ISTITUTO, A FORMER DISTRIBUTOR OF NITROPROPANE AMINOBUTANOL, BEGAN ITS ACTIVITIES AS A PRODUCER OF ETHAMBUTOL IS HIGHLY SIGNIFICANT . IT IS DIFFICULT NOT TO ASSOCIATE THE DECISION BY CSC NO LONGER TO SELL NITROPROPANE AND AMINOBUTANOL WITH THE FACT IT MADE AN EXCEPTION IN FAVOUR OF ISTITUTO, WHICH WAS SUPPLIED WITH DEXTROAMINOBUTANOL FOR THE PURPOSES OF ITS OWN PRODUCTION OF ETHAMBUTOL AND SPECIALITIES BASED ON THIS PRODUCT .
40 THE FACT, POINTED OUT IN SECTION III-A OF THE DECISION, THAT ISTITUTO BOUGHT QUANTITIES OF NITROPROPANE WHICH WAS STILL AVAILABLE ON THE MARKET FOR RESALE TO PAINT MANUFACTURERS WHO WERE FORBIDDEN TO RESELL FOR PHARMACEUTICAL PURPOSES OUTSIDE THE COMMON MARKET IS LIKEWISE SIGNIFICANT .
41 AS REGARDS THE MARKET IN NITROPROPANE AND ITS DERIVATIVES THE CONDUCT OF CSC AND ISTITUTO HAS THUS BEEN CHARACTERIZED BY AN OBVIOUSLY UNITED ACTION, WHICH, TAKING ACCOUNT OF THE POWER OF CONTROL OF CSC OVER ISTITUTO, CONFIRMS THE CONCLUSIONS IN THE DECISION THAT AS REGARDS THEIR RELATIONS WITH ZOJA THE TWO COMPANIES MUST BE DEEMED AN ECONOMIC UNIT AND THAT THEY ARE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE CONDUCT COMPLAINED OF . IN THESE CIRCUMSTANCES THE ARGUMENT OF CSC THAT IT DID NOT DO BUSINESS WITHIN THE COMMUNITY AND THAT THEREFORE THE COMMISSION LACKED COMPETENCE TO APPLY REGULATION NO 17/63 TO IT MUST LIKEWISE BE REJECTED .
II - THE MEASURES ORDERED AND THE SANCTIONS IMPOSED BY THE DISPUTED DECISION
42 THE DISPUTED DECISION ORDERED CSC AND ISTITUTO UNDER PENALTY OF A FINE TO SUPPLY ZOJA WITHIN A PERIOD OF 30 DAYS WITH 60 000 KG OF NITROPROPANE OR 30 000 KG OF AMINOBUTANOL AND TO SUBMIT TO THE COMMISSION WITHIN TWO MONTHS PROPOSALS FOR THE SUBSEQUENT SUPPLY OF ZOJA, AND IMPOSED ON THEM JOINTLY AND SEVERALLY A FINE OF 200 000 UNITS OF ACCOUNT, I.E . 125 000 000 LIRE .
43 IN THE FIRST PLACE THE APPLICANTS DISAGREE THAT THE PROVISION OF REGULATION NO 17/62 ( 3 ) WHEREBY THE COMMISSION, WHERE IT FINDS THAT THERE IS AN INFRINGEMENT, MAY REQUIRE THE UNDERTAKINGS CONCERNED TO BRING SUCH INFRINGEMENT TO AN END, ENABLES THE