MEMBER STATES, IT WOULD FOLLOW THAT THEY CONTINUED TO ABIDE BY THAT PART OF THE GENTLEMEN' S AGREEMENT RELATING TO THE JOINT FIXING OF SALES PRICES .
37 WITH REGARD TO THE PERIOD FROM NOVEMBER 1962 TO APRIL 1964, THE FIGURES SUPPLIED BY THE DEFENDANT SHOW A SUBSTANTIAL AND CONSTANT IDENTITY BETWEEN THE CURRENT PRICES FIXED FOR EXPORT WITHIN THE FRAMEWORK OF THE AGREEMENT AND THE PRICES MAINTAINED BY THE UNDERTAKINGS CONCERNED, INCLUDING THE APPLICANT, FOR THEIR SALES IN UNPROTECTED DOMESTIC MARKETS IN THE COMMUNITY . WHERE SUCH PRICES DEVIATE FROM THE SCALE OF EXPORT PRICES THEY DO SO IN TERMS OF REBATES OR INCREASES CORRESPONDING GENERALLY TO THOSE AGREED ON UNDER THE GENTLEMEN' S AGREEMENT . THE APPLICANT HAS NEITHER SUPPLIED NOR OFFERED TO SUPPLY ANY EVIDENCE RELATING TO THE ABOVEMENTIONED PERIOD CAPABLE OF PROVING THAT THIS ARGUMENT OF THE COMMISSION IS UNFOUNDED, ALTHOUGH IT HAS DONE SO IN RESPECT OF A PART OF THE YEAR 1964 . MOREOVER THE INCREASE IN PRICES OF 15 PER CENT, WHICH WAS JOINTLY DECIDED UPON ON 12 MARCH 1964 UNDER THE EXPORT AGREEMENT WHICH LED NEDCHEM TO WITHDRAW ITS OPPOSITION, WAS UNIFORMLY APPLIED - ALTHOUGH THAT UNDERTAKING WOULD HAVE PREFERRED TO CONTINUE TO FIX LOWER PRICES - WITH REGARD TO SUPPLIES TO ITALY, BELGIUM AND LUXEMBOURG ALSO .
38 THESE CIRCUMSTANCES SHOW THAT WITH REGARD TO SALES PRICES THE PARTIES TO THE EXPORT AGREEMENT CONTINUED AFTER OCTOBER 1962 TO ACT IN THE COMMON MARKET AS IF THE GENTLEMEN' S AGREEMENT OF 1960 WERE STILL IN FORCE .
39 THE ACTION TAKEN BY THE PARTIES TO THE AGREEMENT WITH REGARD TO PRICES FROM MAY 1964 WAS ONLY DISCUSSED IN DEPTH AS A RESULT OF THE QUESTIONS PUT BY THE COURT TO THE DEFENDANT DURING THE ORAL PROCEDURE . IT IS CLEAR FROM THE ORAL PROCEDURE, TAKING INTO ACCOUNT THE INFORMATION SUPPLIED BY THE PARTIES, THAT DURING 1964 AND IN PARTICULAR FROM MAY ONWARDS, A PARTY TO THE AGREEMENT APPLIED PRICES WHICH IN AN INCREASING NUMBER OF CASES DEVIATED FROM THE CURRENT EXPORTS PRICES, AND THAT THE DEFENDANT HAS BEEN UNABLE TO GIVE A CONVINCING EXPLANATION AS TO HOW THIS MIGHT BE RECONCILED WITH THE CONTINUATION IN FORCE OF THE AGREEMENT IN QUESTION . THE FAILURE TO COMMUNICATE TO THE UNDERTAKINGS CONCERNED THE RESULTS OF THE INVESTIGATIONS CARRIED OUT IN ITALY AND BELGIUM, WHICH EXCLUDED ANY POSSIBILITY OF CLARIFICATION AND DISCUSSION AT THE STAGE OF THE ADMINISTRATIVE PROCEDURE, MAY HAVE CONTRIBUTED TO LEAVING UNEXPLAINED FACTS WHICH OUGHT TO HAVE BEEN CLARIFIED .
40 IN THESE CIRCUMSTANCES PROOF HAS NOT BEEN SUFFICIENTLY ESTABLISHED IN LAW THAT THE APPLICANT BY MUTUAL AGREEMENT WITH THE OTHER PRODUCERS MAINTAINED UNIFORM PRICES FOR ITS SALES IN THE BELGO-LUXEMBOURG ECONOMIC UNION AND ITALY AFTER MAY 1964 . CONSEQUENTLY THE PERIOD FROM MAY 1964 TO FEBRUARY 1965 MUST BE OMITTED FROM THE INFRINGEMENT .
IV - THE SALES QUOTAS
41 WITH REGARD TO THE FIXING OF SALES QUOTAS FOR THE COMMON MARKET, WHICH WAS LINKED TO A SYSTEM OF COMPENSATION AND