THE 1968/69 MARKETING YEAR ONWARDS COMMITTED INFRINGEMENTS OF ARTICLE 85 ( 1 ) BY ENTERING INTO AGREEMENTS WITH THEIR AGENTS WHICH RESTRICT THEIR OPPORTUNITIES FOR IMPORTING AND EXPORTING WITHIN THE COMMUNITY '.
I - SUMMARY OF THE RELEVANT STATEMENTS IN THE DECISION AND OF CERTAIN ADDITIONAL INFORMATION SUPPLIED BY THE APPLICANT
530 THE COMMISSION SUBMITS THAT THE SALES TERRITORY OF WZV, OF WHICH PFEIFER UND LANGEN IS THE PRINCIPAL MEMBER, IS SUBDIVIDED INTO SEVERAL AREAS AND IN SOME OF THEM WZV ONLY SELLS THROUGH REGIONAL COMMISSION AGENTS WITH WHOM PFEIFER UND LANGEN ENTERED INTO 'TRADE REPRESENTATIVES AGREEMENTS' WHICH INCLUDED, ON THE ONE HAND, A PROHIBITION ON THE SALE OF SUGAR FROM OTHER SOURCES WITHOUT PFEIFER UND LANGEN'S CONSENT WHICH WAS ONLY GRANTED FOR THE SALE OF SPECIAL QUALITIES OF SUGAR OR OF SUGAR FOR DENATURING AND, ON THE OTHER HAND, THE OBLIGATION ONLY TO RESELL THE SUGAR SUPPLIED BY PFEIFER UND LANGEN IN A SPECIFIC TERRITORY AND TO SPECIFIC CUSTOMERS .
531 PFEIFER UND LANGEN ONLY SUPPLIED OTHER DEALERS DIRECT IF THE LATTER SIGNED SUCH AGREEMENTS OR STATED THAT THEY ACCEPTED THE PRINCIPLES GOVERNING THEM .
532 THE EFFECT OF THIS SYSTEM OF SELLING WAS TO MAKE THE SALE OF SUGAR COMING FROM OTHER MEMBER STATES IN THE WESTERN PART OF THE FEDERAL REPUBLIC OF GERMANY VERY MUCH MORE DIFFICULT, TO PREVENT ANY INCREASE IN THE NUMBER OF SUGAR SUPPLIERS IN THAT AREA, TO ENABLE PFEIFER UND LANGEN TO CONTROL THE OPERATIONS FOR WHICH IT GRANTED ITS CONSENT AND TO STOP THE COMPANY'S AGENTS EXPORTING THE SUGAR PRODUCED BY THE LATTER TO OTHER MEMBER STATES .
533 AT THE REQUEST OF THE COURT PFEIFER UND LANGEN PRODUCED FOR THE COURT'S FILE A COPY OF TWO STANDARD FORM CONTRACTS WHICH IN TURN GOVERNED ITS RELATIONS WITH ITS AGENTS, THE FIRST - HEREINAFTER CALLED 'THE 1948 CONTRACT' - FROM 1948 TO 30 JUNE 1970 AND THE SECOND - HEREINAFTER CALLED 'THE 1970 CONTRACT' - FROM 1 JULY 1970 TO 31 DECEMBER 1972 .
534 THE 1948 CONTRACT AND THE 1970 CONTRACT BOTH
GROUNDS CONTINUED UNDER DOC.NUM : 673J0040.4
- STIPULATE THAT THE AGENT SHALL SELL 'IN THE NAME AND FOR THE ACCOUNT OF PFEIFER UND LANGEN', THE 1970 CONTRACT ALSO STATING THAT THE AGENT HAS THE ATTRIBUTES OF A TRADE REPRESENTATIVE WITHIN THE MEANING GIVEN TO SUCH A REPRESENTATIVE UNDER GERMAN LAW, AND 'SHALL PROMOTE IN ALL RESPECTS AND TO THE MAXIMUM POSSIBLE EXTENT THE INTERESTS OF PFEIFER UND LANGEN' AND 'SHALL DEVOTE THE WHOLE OF HIS TIME AND ATTENTION TO THE SALE OF SUGAR IN ACCORDANCE WITH PFEIFER UND LANGEN'S INSTRUCTIONS '.
- ASSIGN EACH AGENT A SPECIFIC TERRITORY IN WHICH HE IS TO ACT AS REPRESENTATIVE AND GRANT HIM, AS THE 1970 CONTRACT EXPRESSLY STATES, 'THE EXCLUSIVE RIGHT TO SELL IN THE TERRITORY ASSIGNED TO HIM AND, CONSEQUENTLY, TERRITORIAL PROTECTION FOR ITS ENTIRE RANGE OF SUGAR FOR CONSUMPTION' AND IT IS NOT DENIED THAT THESE CLAUSES IMPLY A PROHIBITION ON SALES OUTSIDE THIS AREA .
535 THESE CONTRACTS CONTAIN CLAUSES