OF REGULATION NO 17 .
16 THE COMMISSION ACCEPTS THAT NO MEMBER OF THE FORD GROUP OCCUPIES A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY IN RELATION TO THE SALE OF CARS IN THE COMMON MARKET OR IN A SUBSTANTIAL PART OF IT . IT ADMITS , FURTHERMORE , THAT FORD AG ' S REFUSAL TO SUPPLY RIGHT-HAND DRIVE CARS TO GERMAN DEALERS , EVEN IF IT RESULTS FROM CONCERTED ACTION WITHIN THE FORD GROUP , CONSTITUTES NEITHER AN AGREEMENT BETWEEN UNDERTAKINGS NOR A DECISION BY ASSOCIATIONS OF UNDERTAKINGS NOR A CONCERTED PRACTICE WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY . CONSEQUENTLY IT ACKNOWLEDGES THAT IT COULD NOT HAVE TAKEN ACTION AGAINST THE REFUSAL IF THERE HAD NOT EXISTED , BETWEEN FORD AG AND ITS DEALERS , A DEALER AGREEMENT WHICH WAS IN CERTAIN RESPECTS CONTRARY TO ARTICLE 85 . IT SAYS THAT THERE IS SUCH AN AGREEMENT IN THIS CASE AND THAT THE REFUSAL TO SUPPLY AFFECTS THE COMMERCIAL RELATIONS BETWEEN FORD AG AND ITS DEALERS AND THEREFORE FORMS PART OF THE CONTEXT IN WHICH THAT AGREEMENT FALLS TO BE EXAMINED FOR THE PURPOSES OF THE POSSIBLE GRANT OF AN EXEMPTION UNDER ARTICLE 85 ( 3 ). SINCE THAT REFUSAL PRODUCES THE SAME ECONOMIC EFFECTS AS AN EXPORT BAN AND THEREFORE PARTITIONS THE MARKET THE COMMISSION WOULD HAVE BEEN JUSTIFIED IN REFUSING EXEMPTION IN RESPECT OF THE AGREEMENT IN QUESTION OR IN GRANTING EXEMPTION SUBJECT TO THE CONDITION THAT SUPPLIES BE RESUMED . IF SUCH AN EXEMPTION HAD BEEN GRANTED THE REFUSAL TO SUPPLY WOULD HAVE AMOUNTED TO AN ABUSE WHICH WOULD HAVE ENABLED THE COMMISSION TO ADOPT A DECISION UNDER ARTICLE 8 ( 3 ) OF REGULATION NO 17 . IN THOSE CIRCUMSTANCES THE ADOPTION OF AN ANALOGOUS INTERIM MEASURE PENDING THE FINAL DECISION ON EXEMPTION OF THE AGREEMENT IS IN CONFORMITY WITH THE PRINCIPLES LAID DOWN BY THE COURT IN ITS ORDER OF 17 JANUARY 1980 . MOREOVER THE COMMISSION IS OF THE OPINION THAT IT HAS SATISFIED THE CONDITIONS STATED BY THE COURT IN THE AFOREMENTIONED ORDER AND DENIES THAT IT FAILED TO HAVE DUE REGARD FOR THE ESSENTIAL RIGHTS GUARANTEED TO THE APPLICANTS AND THEIR DEALERS BY THE PROVISIONS OF COMMUNITY LAW .
17 WITH REGARD TO THE PARTIES ' ARGUMENTS , AS SET OUT ABOVE , IT IS APPROPRIATE FIRST TO EXAMINE WHETHER , IN ADOPTING THE CONTESTED INTERIM MEASURE , THE COMMISSION KEPT WITHIN THE LIMITS OF ITS POWERS AS ESTABLISHED BY THE PROVISIONS OF COMMUNITY LAW AND BY THE INTERPRETATION PLACED ON THOSE PROVISIONS BY THE COURT IN ITS ORDER OF 17 JANUARY 1980 .
18 IN THAT ORDER THE COURT DID NOT EXAMINE IN DETAIL THE FORM AND NATURE OF THE INTERIM MEASURES WHICH THE COMMISSION MAY ADOPT . AS THE ORDER MAKES CLEAR , THE POWER TO ADOPT SUCH MEASURES IS BASED ON ARTICLE 3 ( 1 ) OF REGULATION NO 17 , WHICH THE COMMISSION ALSO MENTIONED IN THE REFERENCES IN THE PREAMBLE