THE FILE THAT THE REBATE IS ONLY A FRACTION OF 1% OF THE PURCHASE PRICE . THE NECESSARY INFORMATION FOR CALCULATING THE REBATES ON CIGARETTES DUE TO EACH CUSTOMER ARE COLLECTED CENTRALLY BY FEDETAB OR BY A BODY APPOINTED FOR THE PURPOSE .
144 IN THE COMMISSION ' S VIEW THE END-OF-YEAR REBATE SYSTEM AS FINALLY BROUGHT IN BY THE RECOMMENDATION EFFECTIVELY STIFLED ALL COMPETITION IN THIS FIELD BETWEEN THE MANUFACTURERS WHO HAD SIGNED IT INASMUCH AS IT REMOVED THE INCENTIVE FOR INTERMEDIARIES TO MAKE GREATER COMPETITIVE EFFORTS WITH A VIEW TO OBTAINING IMPROVED BENEFITS OR TO TAKE THEIR CUSTOM EXCLUSIVELY TO A GIVEN MANUFACTURER AND MADE IT MORE DIFFICULT FOR MANUFACTURERS DESIROUS OF PENETRATING THE MARKET TO DO SO .
145 THE APPLICANT FEDETAB MAINTAINS ON THE OTHER HAND THAT COMPETITIVE EFFORT IS STIMULATED BY THE DIFFERENCE IN THE RATES OF RETURN ACCORDING TO THE QUANTITIES SOLD . IT FURTHER CLAIMS THAT THE SUM OF THE DIRECT MARGINS AND THE END-OF-YEAR REBATES IS PRECISELY THE MAXIMUM AUTHORIZED BY THE MINISTER FOR ECONOMIC AFFAIRS PURSUANT TO THE NEGOTIATIONS ON PRICE INCREASES . THE REBATE IS NOT FORMALLY IMPOSED ON ANYONE BUT IT IS VIGOROUSLY DEMANDED BY WHOLESALERS SO THAT NO SUPPLIER CAN ESCAPE PAYING IT . HAVING REGARD TO ITS VERY SMALL AMOUNT IT CANNOT IN ANY CASE CONSTITUTE A HEAVY BURDEN ON THE MANUFACTURER WHATEVER THE PROPORTION OF PURCHASES MADE FROM HIM BY THE TRADER .
146 IT IS RIGHT TO OBSERVE IN THE FIRST PLACE WITH REGARD TO THE SAID REBATE THAT AS WITH THE DIRECT MARGINS ALLOWED TO THE TRADE THERE IS CONCERTED ACTION AMONG THE APPLICANTS WITH REGARD TO IT PURSUANT TO THE RECOMMENDATION . AS APPEARS FROM THE STATEMENT OF FEDETAB ITSELF IT MUST BE REGARDED JOINTLY WITH THE DIRECT MARGINS ; ON THAT BASIS IT CONSTITUTES AN ITEM IN THE MAXIMUM MARGINS THE LEVEL OF WHICH IS DETERMINED BY JOINT ACTION BY THE APPLICANTS , HAVING AS ITS OBJECT AND EFFECT , AS ALREADY POINTED OUT , THE SIGNIFICANT RESTRICTION OF INDIVIDUAL COMPETITION IN THIS RESPECT AMONG MANUFACTURERS AND IMPORTERS IN THE BELGIAN CIGARETTE MARKET .
( C ) RULES ON TERMS OF PAYMENT
147 AS REGARDS THE MEASURES ON MAXIMUM TERMS OF PAYMENT ADOPTED PRIOR TO THE RECOMMENDATION IT IS NECESSARY TO RECALL THAT BY LETTER OF 23 DECEMBER 1971 ON FEDETAB WRITING PAPER NINE CIGARETTE MANUFACTURERS , INCLUDING ALL THE APPLICANTS EXCEPT BAT , INFORMED WHOLESALERS AND OTHERS ENJOYING WHOLESALE TERMS THAT THEY HAD DECIDED TO PUT AN END TO LONG-TERM CREDIT WHICH WOULD BE REDUCED PROGRESSIVELY TO A MAXIMUM OF A FORTNIGHT .
148 THE RECOMMENDATION OF 1 DECEMBER 1975 LAYS DOWN THE RULE OF CASH PAYMENT SUBJECT TO THE POSSIBILITY OF A MANUFACTURER ' S ALLOWING , BY WAY OF EXCEPTION , TO ONE OR MORE OF HIS CUSTOMERS A PERIOD NOT EXTENDING BEYOND A FORTNIGHT FROM THE INVOICE DATE .
149 ACCORDING TO FEDETAB THE RECOMMENDATION IS INSPIRED BY THE SAME CONCERN WITH REGARD TO TERMS OF PAYMENT WHICH