IMPROVEMENT IN THE PRODUCTION OF HOT-ROLLED STRIP , WIRE ROD AND ROUNDS , AND WILL PROBABLY CONTINUE TO DO SO .
11 . THE AGREEMENTS ARE ESSENTIAL IF THE TWO UNDERTAKINGS ARE TO ATTAIN THE OBJECTIVES REFERRED TO ABOVE ; ACTING INDIVIDUALLY THEY COULD NOT BRING ABOUT THESE IMPROVEMENTS , AT LEAST NOT TO THE SAME DEGREE ; COMPARABLE IMPROVEMENTS COULD NOT BE BROUGHT ABOUT BY ANY OTHER MEANS .
THE AGREEMENTS ARE NO MORE RESTRICTIVE THAN IS NECESSARY FOR THEIR PURPOSE .
12 . HOWEVER , THE COMMISSION MUST BE GIVEN AN OPPORTUNITY TO EXAMINE WHETHER THE AGREEMENTS WILL ACTUALLY HAVE THE ANTICIPATED BENEFICIAL EFFECTS . THE COMPANIES CONCERNED MUST THEREFORE BE REQUIRED TO SUPPLY EVIDENCE OF THIS AFTHER A SUITABLE PERIOD OF TIME .
13 . SUBJECT TO THIS CONDITION , THE AGREEMENTS SATISFY THE TESTS OF ARTICLE 65 ( 2 ) ( A ) AND ( B ) .
IV
14 . THE MAIN PRODUCTS MANUFACTURED BY EACH OF THE CONTRACTING PARTIES ARE CRUDE STEEL , HEAVY SECTIONS , WIRE ROD , HOT-ROLLED STRIP AND TUBE STRIP . IN ORDER TO ASSESS THE IMPACT OF THE COMPANIES CONCERNED ON THE MARKET , THE COMMUNITY MARKET AS A WHOLE MUST BE THE CRITERION . THE COMPANIES CONCERNED TAKE COMMUNITY MARKET SHARES VARYING BETWEEN 1,1 AND 2,6 % DEPENDING ON THE PRODUCT COVERED BY THE AGREEMENT .
IN ITALY , WHICH IS THEIR MAIN MARKET OUTLET , AS ELSEWHERE IN THE COMMUNITY , THEY ARE FACED WITH COMPETITION FROM OTHER COMMUNITY UNDERTAKINGS AND UNDERTAKINGS FROM NON-MEMBER COUNTRIES . THE MARKET POSITION OF THESE COMPETITORS IS , IN COMPARISON WITH THAT OF THE COMPANIES IN QUESTION AND WITH COMMUNITY PRODUCTION , PROPORTIONALLY MUCH STRONGER .
15 . FALCK HAS HOLDINGS IN A NUMBER OF OTHER UNDERTAKINGS , AND HAS SUPPLY CONTRACTS FOR SEMI-FINISHED PRODUCTS WITH YET OTHERS . NEITHER THE NATURE OF THESE RELATIONSHIPS NOR OF THE PRODUCTS CONCERNED IS SUCH AS TO LEAD TO THE CONCLUSION THAT THEY STRENGTHEN THOSE EFFECTS OF THE AGREEMENT IN QUESTION TENDING TO RESTRICT COMPETITION .
16 . THE AGREEMENTS ARE THEREFORE NOT LIABLE TO GIVE THE COMPANIES CONCERNED THE POWER TO DETERMINE THE PRICES , OR TO CONTROL OR RESTRICT THE PRODUCTION OR MARKETING OF A SUBSTANTIAL PROPORTION OF STEEL PRODUCTS IN THE COMMON MARKET , OR TO SHIELD THEM AGAINST EFFECTIVE COMPETITION FROM OTHER UNDERTAKINGS ; THEY TEREFORE SATISFY THE TESTS OF ARTICLE 65 ( 2 ) ( C ) .
V
17 . THE JOINT-BUYING AND JOINT-SELLING AGREEMENTS ARE MERELY FRAMEWORK AGREEMENTS . THE PROVISIONS OF THESE AGREEMENTS ARE TO BE SUPPLEMENTED AT A LATER DATE . THE RELEVANT SUPPLEMENTING AGREEMENTS MUST SATISFY THE TESTS OF ARTICLE 65 ( 2 ) . THE COMPANIES CONCERNED MUST THEREFORE APPLY FOR AUTHORIZATION IN RESPECT OF THEM OR FOR A DECLARATION THAT THEY ARE WITHIN THE AUTHORIZATION GIVEN BY THIS DECISION .
18 . THE COMMISSION HAS TO ENSURE THAT ANY MEASURES TAKEN BY THE COMPANIES CONCERNED TO AMEND OR SUPPLEMENT THESE AGREEMENTS AND