TO THE FIXING OF SALES QUOTAS FOR THE COMMON MARKET, WHICH WAS LINKED TO A SYSTEM OF COMPENSATION AND WHICH CONSTITUTED A SUPPLEMENTARY GUARANTEE OF THE SHARING OUT OF DOMESTIC MARKETS, THE APPLICANT MAINTAINS THAT THE NECESSARY CONDITION FOR THE FUNCTIONING OF SUCH A SYSTEM, NAMELY THE RECIPROCAL NOTIFICATION OF ALL SALES INCLUDING THOSE EFFECTED WITHIN THE COMMUNITY, WAS NO LONGER FULFILLED SUBSEQUENT TO OCTOBER 1962 .
38 IT IS NOT CLEAR THAT THE COMMUNICATIONS OF THE UNDERTAKINGS CONCERNED RELATING TO SALES, WHICH THE DEFENDANT HAS PRODUCED IN SUPPORT OF ITS OPPOSING STATEMENT, ALSO RELATE TO SUPPLIES WITHIN THE COMMON MARKET . ON THE CONTRARY, SUCH DOCUMENTS IN GENERAL REFER EXPRESSLY TO " EXPORT SALES ", AN EXPRESSION HABITUALLY EMPLOYED BY THE MEMBERS OF THE CARTEL TO INDICATE SALES TO THIRD COUNTRIES . FURTHERMORE, IT IS CLEAR FROM AN EXCHANGE OF LETTERS IN JANUARY 1964 BETWEEN TWO MEMBERS OF THE CARTEL THAT EVEN SUCH EXPORT SALES FIGURES WERE NO LONGER COMMUNICATED REGULARLY . THE DEFENDANT ITSELF ADMITS IN THE STATEMENT OF REASONS FOR THE CONTESTED DECISION THAT DURING 1963 AND 1964 THE COMPENSATION ARRANGEMENTS WHICH WERE INTENDED TO ENSURE THAT THE QUOTAS WERE OBSERVED WERE NOT APPLIED BECAUSE OF THE SCARCITY OF RAW MATERIALS AND BECAUSE OF THE INCREASE IN DEMAND, SO THAT THE MEMBERS OF THE CARTEL HAD NO FURTHER INTEREST IN EFFECTING COMPENSATORY DELIVERIES BETWEEN THEMSELVES .
39 AT THE HEARING THE DEFENDANT PRODUCED A TABLE OF THE AMOUNTS OF QUININE DISPOSED OF BY NEDCHEM, BOEHRINGER AND BUCHLER FROM 1962 TO 1964 WITH THE OBJECT OF PROVING THAT THOSE QUANTITIES, VIEWED AS A PERCENTAGE OF THE TOTAL OF THE QUOTAS, DID NOT DEVIATE PERCEPTIBLY FOR THAT PERIOD FROM THE QUOTA ASSIGNED TO EACH OF THE UNDERTAKINGS WITHIN THE FRAMEWORK OF THE AGREEMENT AND THUS THAT THE QUOTA ARRANGEMENT CONTINUED TO OPERATE AFTER 1962 .
40 NEVERTHELESS, THIS TABLE, WHICH MOREOVER DOES NOT INCLUDE SALES OF QUINIDINE, SHOWS THAT, EVEN TAKING AS A BASIS AN AVERAGE RECORDED OVER THE PREVIOUS TWO YEARS, THERE ARE CONSIDERABLE DEVIATIONS IN THE CASE OF EACH OF THE THREE UNDERTAKINGS IN RELATION TO ITS OWN QUOTA . FURTHERMORE, THE COMMISSION HAS SUPPLIED COMPREHENSIVE FIGURES COVERING ALL THE SALES OF QUININE BY THE UNDERTAKINGS CONCERNED AND IT IS THUS IMPOSSIBLE TO DISCERN FROM THEM THE COURSE OF CONDUCT OF THOSE UNDERTAKINGS IN THE COMMON MARKET . SINCE THERE IS INSUFFICIENT PROOF THAT THE SYSTEM OF QUOTAS FOR SALES WITHIN THE COMMON MARKET WAS CONTINUED AFTER OCTOBER 1962, IT MUST BE CONCLUDED THAT THE APPLICANT' S COMPLAINTS WITH REGARD TO THIS PART OF THE CONTESTED DECISION ARE WELL FOUNDED .
V - RESTRICTIONS ON THE MANUFACTURE OF SYNTHETIC QUINIDINE
41 THE GENTLEMEN' S AGREEMENT PROHIBITED THE GROUP OF FRENCH UNDERTAKINGS FROM MANUFACTURING SYNTHETIC QUINIDINE . OWING TO THE STRINGENCY OF THE RESTRICTIONS IMPOSED ON UNDERTAKINGS FROM ONE MEMBER STATE FOR THE BENEFIT OF UNDERTAKINGS IN OTHER MEMBER STATES AND TAKING INTO ACCOUNT THE IMPORTANCE OF SUCH UNDERTAKINGS ON THE MARKET IN QUESTION, THESE PROHIBITIONS CLEARLY HAVE