TO OBTAIN INFORMATION AS TO THE EXACT PRICES AND TO ENABLE UNDERTAKINGS TO ALIGN THEIR PRICES . THIS OBJECTION IS THEREFORE NOT SUFFICIENT TO JUSTIFY ABANDONING THE RULE AS TO PUBLICATION WHICH IS LAID DOWN IN THE TREATY .
( B ) THE DEFENDANT STRESSED THE DANGER OF AGREEMENTS BETWEEN PRODUCERS, A DANGER WHICH IS SAID TO BE INHERENT IN THE OLD SYSTEM . HOWEVER THERE IS NO EVIDENCE THAT THE INTRODUCTION OF AN AVERAGE MARGIN WOULD OBVIATE THIS DANGER . EVEN IF THE NEW SYSTEM WERE TO SOME EXTENT INSTRUMENTAL IN LESSENING THIS RISK, THIS WOULD NOT BE ANY JUSTIFICATION FOR NEGLECTING THE OTHER OBJECTIVES AT WHICH PUBLICATION IS AIMED . MOREOVER, THE TREATY ENABLES THE HIGH AUTHORITY TO INTERVENE BY OTHER MEANS, AS SOON AS IT LEARNS THAT ANY AGREEMENTS HAVE BEEN CONCLUDED .
( C ) THE STATE OF THE MARKET, IN PARTICULAR THE REALIZATION THAT THERE IS A TREND TO LOWER PRICES, IS LIKEWISE NO GROUND FOR ABOLISHING THE RULE THAT PRICES ARE TO BE PUBLISHED, SINCE SUCH PUBLICATION IS PROVIDED FOR BY THE TREATY . IN THE EVENT OF A CRISIS OR DISTURBANCES ON THE MARKET, THE TREATY CONFERS VARIOUS POWERS ON THE HIGH AUTHORITY - IN PARTICULAR UNDER ARTICLE 60 ( 2 ) LAST LINE, ARTICLE 61, ARTICLE 63, ARTICLES 58 AND 59 - BUT NOWHERE THE POWER TO DISPENSE WITH THE COMPULSORY PUBLICATION OF PRICE-LISTS . MOREOVER, THE RULE AS TO COMPULSORY PUBLICATION, LAID DOWN BY THE TREATY, IS OF A GENERAL NATURE AND IN NO WISE DEPENDS ON CURRENT MARKET TRENDS .
( D ) THE COURT HAS BEEN PARTICULARLY CONCERNED THAT PRICES SHALL BE ALLOWED TO FIND THEIR OWN LEVEL; BUT THIS CANNOT JUSTIFY ITS REACHING ANOTHER DECISION . THE TREATY IS BASED ON THE ASSUMPTION THAT THE FREEDOM GIVEN TO UNDERTAKINGS TO FIX THEIR OWN PRICES AND TO PUBLISH NEW PRICE-LISTS WHENEVER THEY WISH TO AMEND THEM WILL ENSURE THAT PRICES FIND THEIR OWN LEVEL . IF CURRENT MARKET TRENDS CHANGE PRODUCERS WILL HAVE TO AMEND THEIR PRICE-LISTS ACCORDINGLY, AND IN THIS WAY " THE MARKET MAKES THE PRICE ". BUT, NOTWITHSTANDING THE BASIC ASSUMPTION THAT PRICES ARE TO BE ALLOWED TO FIND THEIR OWN LEVEL, IT MUST NOT BE FORGOTTEN THAT THE TREATY FORBIDS ANY KIND OF DISCRIMINATION AND THAT IT PROVIDES FOR THE RIGHT TO ALIGN PRICES . THIS IS WHY THE TREATY HAS LAID DOWN THE RULE THAT THERE SHOULD BE COMPULSORY AND PRIOR PUBLICATION OF PRICE-LISTS AND CONDITIONS OF SALE . IT IS NOT FOR THE COURT TO EXPRESS A VIEW AS TO THE DESIRABILITY OF THIS SYSTEM; IT CAN ONLY RECORD THAT THIS RULE IS LAID DOWN BY THE TREATY WHICH ( WHETHER RIGHTLY OR WRONGLY ) DOES NOT CONTAIN ANY WORDS WHICH MIGHT PERMIT A CERTAIN FLEXIBILITY IN THE PRICE-LISTS IN THE EVENT OF MINOR OR TEMPORARY FLUCTUATIONS .
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ON ALL THESE GROUNDS, THE COURT FINDS THAT ARTICLE 1 OF DECISION NO 2/54 INFRINGES THE TREATY, AND IT MUST THEREFORE BE