OF THE SAID REGULATION .
102 ALTHOUGH THE COMMISSION WAS NOT OBLIGED TO PUBLISH THE CONTESTED DECISION, THERE IS NOTHING IN THE LETTER OR THE SPIRIT OF THE ABOVEMENTIONED ARTICLE 21 TO PREVENT IT FROM PUBLISHING IT SINCE THIS DID NOT AMOUNT TO DIVULGING THE UNDERTAKINGS' BUSINESS SECRETS .
103 THE COMMISSION' S COMMUNICATION TO THE PRESS ALTERED NEITHER THE MEANING NOR THE CONTENT OF THE DECISION .
104 THE PUBLICITY THUS GIVEN TO THE DECISION MAY EVEN CONTRIBUTE TO ENSURING THE OBSERVANCE OF THE RULES OF THE TREATY ON COMPETITION .
105 THE PRESENT COMPLAINT IS THUS UNFOUNDED .
D - SUBSTANCE
I - THE STATUS AND DURATION OF THE GENTLEMEN' S AGREEMENT
106 THE APPLICANT COMPLAINS THAT THE COMMISSION CONSIDERED THAT THE EXPORT AGREEMENT RELATING TO TRADE WITH THIRD COUNTRIES AND THE GENTLEMEN' S AGREEMENT GOVERNING THE CONDUCT OF ITS MEMBERS IN THE COMMON MARKET CONSTITUTED AN INDIVISIBLE ENTITY AS FAR AS ARTICLE 85 WAS CONCERNED .
107 THE APPLICANT STATES THAT THE GENTLEMEN' S AGREEMENT, UNLIKE THE EXPORT AGREEMENT, DID NOT CONSTITUTE AN AGREEMENT WITHIN THE MEANING OF ARTICLE 85 ( 1 ) AND IN ANY EVENT IT DEFINITIVELY CEASED TO EXIST FROM THE END OF OCTOBER 1962 .
108 THE CONDUCT OF THE PARTIES TO THE EXPORT AGREEMENT DOES NOT IN THE APPLICANT' S VIEW INDICATE THAT THEY CONTINUED THE RESTRICTIONS ON COMPETITION WHICH WERE ORIGINALLY PROVIDED FOR IN THE GENTLEMEN' S AGREEMENT .
109 THE OPPOSITE CONCLUSIONS REACHED BY THE CONTESTED DECISION ARE THEREFORE ALLEGED TO BE VITIATED BECAUSE THEY ARE BASED ON INCORRECT FINDINGS .
110 THE GENTLEMEN' S AGREEMENT, WHICH THE APPLICANT ADMITS EXISTED UNTIL THE END OF OCTOBER 1962, HAD AS ITS OBJECT THE RESTRICTION OF COMPETITION WITHIN THE COMMON MARKET .
111 THE PARTIES TO THE EXPORT AGREEMENT MUTUALLY DECLARED THEMSELVES WILLING TO ABIDE BY THE GENTLEMEN' S AGREEMENT AND CONCEDE THAT THEY DID SO UNTIL THE END OF OCTOBER 1962 .
112 THIS DOCUMENT THUS AMOUNTED TO THE FAITHFUL EXPRESSION OF THE JOINT INTENTION OF THE PARTIES TO THE AGREEMENT WITH REGARD TO THEIR CONDUCT IN THE COMMON MARKET .
113 FURTHERMORE IT CONTAINED A PROVISION TO THE EFFECT THAT INFRINGEMENT OF THE GENTLEMEN' S AGREEMENT WOULD IPSO FACTO CONSTITUTE AN INFRINGEMENT OF THE EXPORT AGREEMENT .
114 IN THOSE CIRCUMSTANCES ACCOUNT MUST BE TAKEN OF THIS CONNEXION IN ASSESSING THE EFFECTS OF THE GENTLEMEN' S AGREEMENT WITH REGARD TO THE CATEGORIES OF ACTS PROHIBITED BY ARTICLE 85 ( 1 ).
115 THE DEFENDANT BASES ITS VIEW THAT THE GENTLEMEN' S AGREEMENT WAS CONTINUED UNTIL FEBRUARY 1965 ON DOCUMENTS AND DECLARATIONS EMANATING FROM THE PARTIES TO THE AGREEMENT THE TENOR OF WHICH IS INDISTINCT AND INDEED CONTRADICTORY SO THAT IT IS IMPOSSIBLE TO CONCLUDE WHETHER THOSE UNDERTAKINGS INTENDED TO TERMINATE THE GENTLEMEN' S AGREEMENT AT THEIR MEETING ON 29 OCTOBER 1962 .
116 THE CONDUCT OF THE UNDERTAKINGS IN THE COMMON MARKET AFTER 29 OCTOBER 1962 MUST THEREFORE BE CONSIDERED IN RELATION TO THE FOLLOWING FOUR POINTS : SHARING OUT