COMMISSION TO ORDER SPECIFIC SUPPLIES .
44 IN THE SECOND PLACE THEY COMPLAIN THAT THE COMMISSION HAS MISUSED THE POWERS INTENDED TO PREVENT COMPETITION FROM BEING DISTORTED WITHIN THE COMMON MARKET AND APPLID THE PROVISIONS OF ARTICLE 86 BEYOND THE TERRITORY OF THE COMMUNITY BY ORDERING SUPPLIES DISPROPORTIONATE TO THE NEEDS OF ZOJA FOR THE SUPPLY OF ITS CUSTOMERS WITHIN THE COMMUNITY AND WHICH CORRESPOND RATHER TO ITS ACTIVITIES IN THE WORLD MARKET .
45 AS TO THE FIRST SUBMISSION, ACCORDING TO THE WORDING OF ARTICLE 3 OF REGULATION NO 17, WHERE THE COMMISSION FINDS THAT THERE IS AN INFRINGEMENT OF ARTICLE 86, 'IT MAY BY DECISION REQUIRE THE UNDERTAKINGS ... CONCERNED TO BRING SUCH INFRINGEMENT TO AN END '. THIS PROVISION MUST BE APPLIED IN RELATION TO THE INFRINGEMENT WHICH HAS BEEN ESTABLISHED AND MAY INCLUDE AN ORDER TO DO CERTAIN ACTS OR PROVIDE CERTAIN ADVANTAGES WHICH HAVE BEEN WRONGFULLY WITHHELD AS WELL AS PROHIBITING THE CONTINUATION OF CERTAIN ACTION, PRACTICES OR SITUATIONS WHICH ARE CONTRARY TO THE TREATY . FOR THIS PURPOSE THE COMMISSION MAY, IF NECESSARY, REQUIRE THE UNDERTAKING CONCERNED TO SUBMIT TO IT PROPOSALS WITH A VIEW TO BRINGING THE SITUATION INTO CONFORMITY WITH THE REQUIREMENTS OF THE TREATY .
46 IN THE PRESENT CASE, HAVING ESTABLISHED A REFUSAL TO SELL INCOMPATIBLE WITH ARTICLE 86, THE COMMISSION WAS ENTITLED TO ORDER CERTAIN QUANTITIES OF RAW MATERIAL TO BE SUPPLIED TO MAKE GOOD THE REFUSAL OF SUPPLIES AS WELL AS TO ORDER THAT PROPOSALS TO PREVENT A REPETITION OF THE CONDUCT COMPLAINED OF BE PUT FORWARD . IN ORDER TO ENSURE THAT ITS DECISION WAS EFFECTIVE THE COMMISSION WAS ENTITLED TO DETERMINE THE MINIMUM REQUIREMENTS TO ENSURE THAT THE INFRINGEMENT WAS MADE GOOD AND THAT ZOJA WAS PROTECTED FROM THE CONSEQUENCES OF IT . IN CHOOSING AS A GUIDE TO THE NEEDS OF ZOJA THE QUANTITY OF PREVIOUS SUPPLIES THE COMMISSION HAS NOT EXCEEDED ITS DISCRETIONARY POWER .
47 THEREFORE THE FIRST SUBMISSION IS UNFOUNDED .
48 AS TO THE SECOND SUBMISSION, IT HAS BEEN ESTABLISHED ABOVE THAT IT CANNOT BE INFERRED FROM THE EXPRESSION 'IN SO FAR AS IT MAY AFFECT TRADE BETWEEN MEMBER STATES' THAT ONLY THE EFFECTS OF A POSSIBLE INFRINGEMENT ON TRADE WITHIN THE COMMUNITY MUST BE TAKEN INTO ACCOUNT WHEN IT IS A QUESTION OF DEFINING THE INFRINGEMENT AND ITS CONSEQUENCES . MOREOVER THE RATHER LIMITED MEASURE THAT THE APPLICANTS SUGGESTED WOULD HAVE RESULTED IN THE PRODUCTION AND SALES OUTLETS OF ZOJA BEING CONTROLLED BY CSC-ISTITUTO AND IN ZOJA BEING IN A POSITION WHERE ITS COST PRICE WOULD HAVE BEEN AFFECTED TO SUCH AN EXTENT THAT ITS PRODUCTION OF ETHAMBUTOL WOULD HAVE BEEN IN DANGER OF BEING UNMARKETABLE . IN THESE CIRCUMSTANCES THE COMMISSION COULD WELL CONSIDER THAT THE MAINTENANCE OF AN EFFECTIVE COMPETITIVE STRUCTURE NECESSITATED THE MEASURES IN QUESTION .
49 ALTHOUGH IN THE DISPUTED DECISION AND DURING THE COURSE OF THE PRESENT PROCEEDINGS THE COMMISSION HAS CONSTANTLY AVOIDED MEETING THE COMPLAINT IN THE WAY THAT THE APPLICANTS ARGUED IT, IT