HAD REQUESTED HIM IN JANUARY OR FEBRUARY TO INCREASE THE PRICE OF A TELEFUNKEN TELEVISION SET SO AS TO BRING IT UP TO THE RETAIL PRICE LEVEL IN THAT PART OF BELGIUM .
123 THE INFORMATION SUPPLIED BY VERBINNEN TO THE COMMISSION IN TWO LETTERS OF 3 AND 27 NOVEMBER 1980 DOES NOT SHOW THAT ATBG EXERTED PRESSURE TO REQUIRE HIM TO KEEP TO CERTAIN RETAIL SELLING PRICES . NOR DOES IT EMERGE FROM THE LETTER OF 27 NOVEMBER THAT ATBG ATTEMPTED TO FORCE VERBINNEN TO CHARGE THE PRICES FIXED BY TELEFUNKEN . VERBINNEN HIMSELF USES IN HIS LETTER THE DUTCH WORD ' ' VOORSTELLEN ' ' , WHICH MEANS ' ' SUGGESTIONS ' ' AND IT WOULD NO DOUBT BE GOING TOO FAR TO TAKE THE VIEW THAT A REFERENCE IN AN INFORMAL CONVERSATION TO A PRICE WHICH ATBG REGARDED AS CHARGEABLE FOR A GIVEN TYPE OF EQUIPMENT IS IN ITSELF TANTAMOUNT TO BRINGING AN UNLAWFUL INFLUENCE TO BEAR ON PRICES .
2 . INDIRECT INFLUENCE
( A ) SUMA
124 POINT ( 49 ) OF THE DECISION STATES , WITH REFERENCE TO A TFR MEMORANDUM OF 20 APRIL 1977 THAT A GOOD CONDUCT BONUS OF 2% ON TURNOVER HAD BEEN PROMISED TO SUMA AS A REWARD FOR THE RESTRAINT IT HAD SHOWN IN THE FIELD OF PRICE COMPETITION .
125 AEG HAS PROVIDED VARIOUS EXPLANATIONS REGARDING THE NATURE OF THAT BONUS : AT THE HEARING ON 19 AUGUST 1980 IT STATED THAT IT WAS A RECOMPENSE FOR MAKING AVAILABLE ADVERTISING SPACE IN SHOP WINDOWS AND SHOPS ; SUBSEQUENTLY IT CLAIMED THAT IT WAS IN FACT ONLY AN EXTRA REBATE IN VIEW OF SUMA ' S IMPORTANCE AS A CUSTOMER .
126 MR WALTENBERGER , SUMA ' S MANAGER , FOR HIS PART STATED ON 2 SEPTEMBER 1980 TO AN OFFICER OF THE COMMISSION THAT : ' ' THE GOOD CONDUCT BONUS OF 2% OFFERED BY AEG IN TALKS WITH SUMA ON 20 APRIL 1977 ' ' ( CF . AEG MEMORANDUM OF THAT DATE ) ' ' WAS TO BE GRANTED ON THE GROUND THAT AEG WAS IN PRINCIPLE TO BE INFORMED OF THE ARTICLE TO WHICH THE PUBLICITY CAMPAIGN RELATED BEFORE PRESS ADVERTISEMENTS APPEARED . IN ADDITION AEG-TELEFUNKEN SECURED AGREEMENT THAT PARTICULARLY AGGRESSIVE PRICES OFFERED BY COMPETITORS WOULD BE COMMUNICATED TO TELEFUNKEN AND WOULD NOT BE IMMEDIATELY ADOPTED BY SUMA UNLESS IT WAS CLEAR THAT THEY WERE CAMPAIGNS BY COMPETITORS OF UNLIMITED DURATION ' ' .
127 A LETTER OF 15 OCTOBER SENT TO THE COMMISSION BY AEG ' S LAWYERS , WHICH MR WALTENBERGER BY A TELEX MESSAGE OF 29 OCTOBER 1980 DECLARED TO BE FULLY IN ACCORDANCE WITH THE FACTS , DENIES THAT ANY INFLUENCE WAS BROUGHT TO BEAR ON PRICES BUT EXPRESSLY CONCEDES THAT THE ' ' BONUS ' ' WAS OFFICIALLY PRESENTED AS A REWARD FOR INFORMATION WITH WHICH SUMA SUPPLIED TELEFUNKEN ON MARKET TRENDS .
128 EVEN IF , INTERPRETING ALL THE STATEMENTS MENTIONED ABOVE IN THE WAY MOST FAVOURABLE TO AEG