THE BONUS SCHEME REGARDING DISCOUNTS GRANTED TO SPECIALIST SHOPS ( HEREINAFTER REFERRED TO AS THE ' BONUS SCHEME ' ).
3 THE NEDERLANDSE SIGARENWINKELIERS ORGANISATIE ( HEREINAFTER REFERRED TO AS THE ' NSO ' ) IS AN ASSOCIATION GOVERNED BY THE LAW OF THE NETHERLANDS WHICH PROMOTES THE INTERESTS OF RETAILERS OF MANUFACTURED TOBACCO PRODUCTS IN THE NETHERLANDS . ITS AIM IS TO IMPROVE THE SOCIAL AND ECONOMIC CIRCUMSTANCES OF ITS MEMBERS , MAINLY BY MEANS OF CONSULTATION WITH THE NETHERLANDS AUTHORITIES AND WITH THE TOBACCO INDUSTRY . THE NSO HAS MORE THAN 1 500 MEMBERS .
4 THIS ACTION WAS BROUGHT AT THE SAME TIME AS THOSE OF THE STICHTING SIGARETTENINDUSTRIE ( HEREINAFTER REFERRED TO AS THE ' SSI ' ) AND A NUMBER OF NETHERLANDS TOBACCO MANUFACTURERS IN JOINED CASES 240 TO 242 , 261 , 262 , 268 AND 269/82 ).
5 LIKE MOST OF THE AGREEMENTS AND CONCERTED PRACTICES HELD ILLEGAL BY THE COMMISSION IN THE DECISION REFERRED TO , THE BONUS SCHEME WAS ADOPTED WITHIN THE SSI , A FOUNDATION OF WHICH ALMOST ALL THE TOBACCO MANUFACTURERS AND IMPORTERS ESTABLISHED IN THE NETHERLANDS ARE MEMBERS . A FIRST VERSION OF THE BONUS SCHEME WAS SIGNED BY THE MEMBERS OF THE SSI ON 4 DECEMBER 1974 . THAT SCHEME WAS AMENDED ON 24 JANUARY 1977 . THE AMENDED VERSION WAS NOTIFIED TO THE COMMISSION ON 20 SEPTEMBER 1977 .
6 IN 1976 THE MEMBERS OF THE SSI ENTERED INTO A MASTER AGREEMENT UNDER WHICH THEY DESIGNATED THE SSI AS THEIR SOLE REPRESENTATIVE FOR THE PURPOSE OF NEGOTIATIONS WITH THE AUTHORITIES REGARDING , IN PARTICULAR , SELLING PRICES TO THE CONSUMER AND WHOLESALERS ' AND RETAILERS ' MARGINS . THE MASTER AGREEMENT EXPRESSLY PROVIDES THAT THE MEMBERS OF THE SSI ARE BOUND BY THE BONUS SCHEME CONCLUDED IN 1974 .
7 THE BONUS SCHEME PROVIDES FOR THE GRANT TO CERTAIN ' SPECIALIST ' TRADERS OF AN ANNUAL REBATE OF A FIXED AMOUNT PER 1 000 CIGARETTES BOUGHT BY THEM FROM THE CONTRACTING PARTIES . THE AMOUNT OF THE BONUS HAS BEEN INCREASED REGULARLY , AND IN 1978 WAS 75 CENTS PER 1 000 CIGARETTES . THE BONUS IS GRANTED UPON THE SUBMISSION BY RETAILERS AT THE END OF EACH YEAR TO A SPECIAL COMMITTEE ESTABLISHED FOR THE PURPOSES OF THE AGREEMENT OF AN APPLICATION FOR THE BONUS AND A STATEMENT OF THEIR CIGARETTE PURCHASES OVER THE YEAR . THE SUMS NECESSARY FOR THE PAYMENT OF THE BONUSES APPLIED FOR IN THAT MANNER ARE PAID TO THE SSI BY THE MANUFACTURERS IN PROPORTION TO THEIR SALES THROUGH SPECIALIST TRADERS , AS CALCULATED BY AN INDEPENDENT ORGANIZATION SPECIALIZED IN SUCH MATTERS . THE SSI THEN DISTRIBUTES THOSE SUMS AMONG THE RETAILERS ELIGIBLE FOR THE BONUS . THE BONUS IS NORMALLY PAID DURING THE FIRST THREE MONTHS OF THE YEAR FOLLOWING THE YEAR FOR WHICH THE BONUS IS PAID .
8 ARTICLE 3 OF THE BONUS SCHEME SETS OUT THE CONDITIONS WHICH TRADERS MUST FULFIL IN ORDER TO QUALIFY FOR