TO THE EXERCISE OF THAT POWER AS REGARDS PARTICIPATION IN THE CONCERTED PRACTICES OF 1964 AND 1965 .
18 THEREFORE THE SUBMISSION IS UNFOUNDED .
SUBSTANTIVE SUBMISSIONS AS TO THE EXISTENCE OF CONCERTED PRACTICES
ARGUMENTS OF THE PARTIES
19 THE APPLICANT COMPLAINS THAT THE COMMISSION HAS NOT PROVED THE EXISTENCE OF CONCERTED PRACTICES WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE EEC TREATY IN RELATION TO ANY OF THE THREE INCREASES MENTIONED IN THE CONTESTED DECISION .
20 THAT DECISION STATES THAT PRIMA FACIE EVIDENCE THAT THE INCREASES OF 1964, 1965 AND 1967 TOOK PLACE AS THE RESULT OF CONCERTED ACTION IS TO BE FOUND IN THE FACTS THAT THE RATES INTRODUCED FOR EACH INCREASE BY THE DIFFERENT PRODUCERS IN EACH COUNTRY WERE THE SAME, THAT WITH VERY RARE EXCEPTIONS THE SAME DYESTUFFS WERE INVOLVED, AND THAT THE INCREASES WERE PUT INTO EFFECT OVER ONLY A VERY SHORT PERIOD, IF NOT ACTUALLY ON THE SAME DATE .
IT IS CONTENDED THAT THESE INCREASES CANNOT BE EXPLAINED SIMPLY BY THE OLIGOPOLISTIC CHARACTER OF THE STRUCTURE OF THE MARKET .
IT IS SAID TO BE UNREALISTIC TO SUPPOSE THAT WITHOUT PREVIOUS CONCERTATION THE PRINCIPAL PRODUCERS SUPPLYING THE COMMON MARKET COULD HAVE INCREASED THEIR PRICES ON SEVERAL OCCASIONS BY IDENTICAL PERCENTAGES AT PRACTICALLY THE SAME MOMENT FOR ONE AND THE SAME IMPORTANT RANGE OF PRODUCTS INCLUDING SPECIALITY PRODUCTS FOR WHICH THERE ARE FEW, IF ANY, SUBSTITUTES, AND THAT THEY SHOULD HAVE DONE SO IN A NUMBER OF COUNTRIES WHERE CONDITIONS ON THE DYESTUFFS MARKET ARE DIFFERENT .
THE COMMISSION HAS ARGUED BEFORE THE COURT THAT THE INTERESTED PARTIES NEED NOT NECESSARILY HAVE DRAWN UP A COMMON PLAN WITH A VIEW TO ADOPTING A CERTAIN COURSE OF BEHAVIOUR FOR IT TO BE SAID THAT THERE HAS BEEN CONCERTATION .
IT IS ARGUED THAT IT IS ENOUGH THAT THEY SHOULD PREVIOUSLY HAVE INFORMED EACH OTHER OF THE ATTITUDE WHICH THEY INTENDED TO ADOPT SO THAT EACH COULD REGULATE HIS CONDUCT SAFE IN THE KNOWLEDGE THAT HIS COMPETITORS WOULD ACT IN THE SAME WAY .
21 THE APPLICANT ARGUES THAT EVEN IF THE FACTS SET OUT BY THE COMMISSION WERE ACCURATE, THE CONCLUSIONS WHICH IT DRAWS FROM THEM ARE INACCURATE AND ARE BASED ON THE IDEA THAT THE INCREASES IN QUESTION CANNOT BE EXPLAINED SOLELY BY THE FACT THAT THE MARKET IS OLIGOPOLISTIC IN STRUCTURE .
ON THE CONTRARY, IT IS ARGUED, THE CONDUCT OF THE APPLICANT WAS THE NATURAL CONSEQUENCE OF THE STRUCTURE OF THE MARKET AND CONSISTED IN EXERCISING A RIGHT OF CHOICE WHICH CANNOT BE DENIED TO ANY UNDERTAKING .
FOR IN FACT, SO IT IS ARGUED, BEFORE EACH INCREASE THE LEVEL OF PRICES ON THE MARKET HAD REACHED THE LOWEST POINT AT WHICH THERE WAS ANY RETURN, AND THEREFORE THERE WAS NO NEED FOR AN AGREEMENT BETWEEN PRODUCERS FOR THEM TO FALL IN LINE IMMEDIATELY WITH A PRICE INCREASE DECIDED UPON BY A SIZEABLE COMPETITOR .
AN ANALYSIS OF THE WAY IN WHICH PRICES AND COSTS WERE RISING SHOWS,