FOR THE ACTS OF ANOTHER COMPANY WHICH IN THE MEANTIME HAD CEASED TO EXIST .
8 THE COMMISSION CONTENDS THAT , FOR THE PURPOSES OF COMPETITION LAW , RHEINZINK AND RHEINISCHES ZINKWALZWERK GMBH & CO . ARE TWO SUCCESSIVE LEGAL FORMS OF ONE AND THE SAME UNDERTAKING . THE SUBJECTS OF COMPETITION LAW ARE UNDERTAKINGS . THE UNDERTAKING IN QUESTION CHANGED ITS NAME AND ITS LEGAL FORM AT THE MOMENT OF THE TRANSFORMATION , BUT ITS OBJECTS , REGISTERED OFFICE AND MANAGEMENT REMAINED UNCHANGED . CONSEQUENTLY , THE ACTS COMMITTED BY THE DISSOLVED COMPANY MAY BE IMPUTED TO RHEINZINK AS THE SOLE LEGAL SUCCESSOR OF THAT COMPANY .
9 THE COMMISSION ' S ARGUMENT MUST BE ACCEPTED . RHEINZINK HAS NOT CONTESTED THAT NOT ONLY IS IT THE LEGAL SUCCESSOR OF RHEINISCHES ZINKWALZWERK GMBH & CO ., BUT IT HAS CONTINUED THE ECONOMIC ACTIVITIES OF THAT COMPANY . FOR THE PURPOSES OF ARTICLE 85 OF THE TREATY , A CHANGE IN THE LEGAL FORM AND NAME OF AN UNDERTAKING DOES NOT CREATE A NEW UNDERTAKING FREE OF LIABILITY FOR THE ANTI-COMPETITIVE BEHAVIOUR OF ITS PREDECESSOR , WHEN , FROM AN ECONOMIC POINT OF VIEW , THE TWO ARE IDENTICAL .
A - THE CONCERTED ACTION
10 THE CONCERTED ACTION TAKEN BY ASTURIENNE AND RHEINZINK WHICH IS THE SUBJECT OF ARTICLE 1 ( 1 ) OF THE CONTESTED DECISION MUST , ACCORDING TO THE PREAMBLE TO THE DECISION , BE SEEN AGAINST THE BACKGROUND OF MEASURES TAKEN TO PROTECT MARKETS BY CERTAIN MAJOR PRODUCERS OF ROLLED ZINC PRODUCTS . THOSE MEASURES WERE PROMPTED BY THE FACT THAT , AT THAT TIME , THE PRICES CHARGED BY THOSE PRODUCERS FOR ROLLED ZINC PRODUCTS WERE HIGHER IN GERMANY AND IN FRANCE THAN IN CERTAIN OTHER MEMBER STATES , IN PARTICULAR BELGIUM , AND IN MANY NON-MEMBER COUNTRIES . THOSE PRICE DIFFERENCES , WHICH WERE SOMETIMES CONSIDERABLE , FAVOURED THE ACTIVITY OF IMPORTERS WHO BOUGHT ROLLED ZINC PRODUCTS IN A COUNTRY WHERE PRICES WERE LOW IN ORDER TO RESELL THEM IN A COUNTRY WHERE PRICES WERE HIGHER , IN PARTICULAR IN THE FEDERAL REPUBLIC OF GERMANY . THE CONCERTED ACTION TAKEN BY ASTURIENNE AND RHEINZINK WAS DESIGNED TO PREVENT SUCH PARALLEL IMPORTS .
11 THE TWO APPLICANTS MAINTAIN THAT THE COMMISSION HAS NOT PROVED THAT THEY TOOK CONCERTED ACTION WITH A VIEW TO THE PROTECTION OF THE GERMAN MARKET . THEY CONSIDER THAT THE COMMISSION BASED ITS DECISION ON A NUMBER OF FACTORS ; HOWEVER , THOSE FACTORS WERE INSUFFICIENT TO MAKE OUT THE COMPLAINT OF A CONCERTED PRACTICE SET OUT BY THE COMMISSION AND , WHAT IS MORE , THE COMMISSION DISREGARDED OTHER FACTORS UNFAVOURABLE TO ITS CASE .
12 IT IS NOT DISPUTED THAT DURING 1976 ASTURIENNE AND RHEINZINK DELIVERED LARGE QUANTITIES OF ROLLED ZINC PRODUCTS TO SCHILTZ , IN BELGIUM , FOR SALE IN EGYPT , AT PRICES CLOSE TO THOSE CHARGED FOR SALES INTENDED FOR THE BELGIAN MARKET . THE ROLLED ZINC PRODUCTS SENT TO BELGIUM WERE RELABELLED BY SCHILTZ