URGENCY OF AN APPLICATION FOR INTERIM MEASURES REFERRED TO IN ARTICLE 83 ( 3 ) OF THE RULES OF PROCEDURE MUST BE ASSESSED IN THE LIGHT OF THE EXTENT TO WHICH AN INTERLOCUTORY ORDER IS NECESSARY TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THE INTERIM MEASURE .
15 IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT AND THE COMMISSION ' S STATEMENTS AT THE HEARING THAT THE COMMISSION JUSTIFIES ITS INCLUSION OF THE THIRD PARAGRAPH OF ARTICLE 3 IN DECISION NO 85/609 , AND THE DIFFERENCE IN THE TREATMENT ACCORDED TO AKZO UNDER THAT PROVISION COMPARED TO THE POSITION UNDER ARTICLE 4 OF DECISION NO 83/462 , THE INTERIM DECISION , BY CLAIMING THAT IT BECAME AWARE THAT THE POSSIBILITY OF ADJUSTING PRICES PROVIDED FOR IN THE INTERIM DECISION HAD BEEN USED BY AKZO FOR PURPOSES INCONSISTENT WITH THE AIM OF MAINTAINING EFFECTIVE COMPETITION . IT CONSIDERED THAT COMPLIANCE WITH THE PROHIBITION LAID DOWN IN THAT ARTICLE WAS ALL THE MORE NECESSARY BECAUSE IT WAS ONE OF THE ONLY MEANS WHEREBY THE COMMISSION COULD ENSURE THAT AKZO WAS COMPLYING WITH ARTICLE 86 OF THE EEC TREATY .
16 THE COMMISSION CONSIDERS THAT IT HOLDS CLEAR PROOF THAT THE PRICE QUOTATIONS MADE BY DIAFLEX AND THE PRICE ADJUSTMENTS CARRIED OUT BY AKZO ON THE BASIS OF THOSE QUOTATIONS UNDER ARTICLE 4 OF DECISION NO 83/462 ARE PART OF AN ANTI-COMPETITIVE STRATEGY SINCE THERE IS EVIDENCE THAT DIAFLEX WAS NOT ENTIRELY INDEPENDENT OF AKZO IN ITS MARKET STRATEGY . THE PRICE QUOTATIONS MADE BY DIAFLEX WERE THUS NOT REALLY COMPETITIVE AND WERE IN FACT SOLICITED BY AKZO . THE COMMISSION IS THEREFORE OF THE OPINION THAT THE POSSIBILITY OF ADJUSTING PRICES PROVIDED FOR IN ARTICLE 4 OF DECISION NO 83/462 HAS GIVEN RISE TO MANIPULATION AND ABUSE ON THE PART OF AKZO .
17 FOR ITS PART , THE APPLICANT CLAIMS THAT IT IS UNREASONABLE THAT IT SHOULD BE DEPRIVED OF THE RIGHT TO ALIGN ITS PRICE QUOTATIONS ON THOSE OF ITS COMPETITORS SO FAR AS ITS EXISTING CUSTOMERS ARE CONCERNED SINCE THAT IS TANTAMOUNT TO LEAVING IT DEFENCELESS IN THE FACE OF UNDERCUTTING BY ITS COMPETITORS . IT EMPHASIZES THAT THE PURPOSE OF ITS APPLICATION FOR INTERIM MEASURES IS MERELY TO MAINTAIN THE STATUS QUO BECAUSE THE RIGHT TO ALIGN PRICES WHICH IT IS SEEKING WAS GRANTED TO IT BY ARTICLE 4 OF DECISION NO 83/462 AND THAT DECISION REMAINED IN FORCE FOR TWO YEARS .
18 IN THAT REGARD , IT SHOULD BE NOTED THAT THE REASONS WHICH LED THE COMMISSION TO WITHDRAW THE POSSIBILITY OF ALIGNING PRICES PROVIDED FOR IN ARTICLE 4 OF DECISION NO 83/462 AND TO ADOPT THE THIRD PARAGRAPH OF ARTICLE 3 OF DECISION NO 85/609 CAN BE ASSESSED ONLY IN THE LIGHT OF CONSIDERATIONS WHICH ARE CLOSELY LINKED TO THE MAIN PROCEEDINGS . TO ASSESS THEM IN INTERLOCUTORY PROCEEDINGS WOULD AMOUNT TO PREJUDGING THE DECISION ON THE SUBSTANCE OF THE CASE . THE PRESIDENT OF THE COURT IS THEREFORE OF THE