AND THEN LOADED ON TO LORRIES BOUND FOR GERMANY , WHERE THEY WERE RESOLD AT PRICES LOWER THAN THOSE NORMALLY CHARGED IN THAT COUNTRY .
13 IT IS ALSO AGREED THAT THIS PRACTICE CONTINUED UNTIL THE END OF OCTOBER 1976 , THAT TWO EMPLOYEES OF RHEINZINK DISCOVERED , AT THAT TIME , THAT THE PRODUCTS DELIVERED TO SCHILTZ WERE BEING RE-EXPORTED TO GERMANY , AND THAT BOTH RHEINZINK AND ASTURIENNE DISCONTINUED THEIR DELIVERIES TO SCHILTZ BETWEEN 21 AND 29 OCTOBER 1976 .
14 ACCORDING TO THE CONTESTED DECISION , THE CESSATION OF DELIVERIES TO SCHILTZ BY THE TWO UNDERTAKINGS COULD NOT BE EXPLAINED OTHER THAN BY AN EXCHANGE OF INFORMATION BETWEEN THEM WITH A VIEW TO TAKING PARALLEL ACTION AGAINST SCHILTZ AS PART OF A CONCERTED PRACTICE PROTECTING THE LEVEL OF PRICES ON THE GERMAN MARKET , IN PARTICULAR BY PREVENTING PARALLEL IMPORTS OR THE REINTRODUCTION OF ROLLED ZINC PRODUCTS ORIGINATING IN GERMANY .
15 IN ARRIVING AT THAT CONCLUSION , THE DECISION RELIES ON THE FOLLOWING FACTORS :
ON 21 OCTOBER 1976 , THE DATE ON WHICH ASTURIENNE SUSPENDED ITS DELIVERIES TO SCHILTZ ' ' FOR NO APPARENT REASON ' ' , RHEINZINK ACCUSED SCHILTZ OF NOT COMPLYING WITH THE CLAUSE CONCERNING EXPORTATION TO EGYPT . THE COMMISSION MAINTAINS THAT IT CANNOT BE REGARDED AS A COINCIDENCE THAT THOSE EVENTS OCCURRED ON THE SAME DATE .
ON 26 OCTOBER 1976 , RHEINZINK INFORMED ASTURIENNE BY TELEX MESSAGE THAT IT INTENDED TO REDUCE ITS PRICES ON THE GERMAN MARKET BY ABOUT 3% , A COMMUNICATION WHICH WOULD HAVE BEEN ' ' DEVOID OF PURPOSE AS BETWEEN COMPETITORS OTHER THAN AS PART OF A CONCERTED EFFORT TO COMBAT TOGETHER PARALLEL EXPORTS TO THAT MARKET ' ' ;
ON 29 OCTOBER 1976 , RHEINZINK DISCONTINUED ITS DELIVERIES TO SCHILTZ AFTER ATTEMPTING UNSUCCESSFULLY TO INDUCE THE LATTER TO PUT AN END TO ITS EXPORTS TO THE FEDERAL REPUBLIC OF GERMANY ;
NOT UNTIL 8 NOVEMBER 1976 , THAT IS TO SAY , AFTER THE RHEINZINK EMPLOYEES HAD COMPLETED THEIR INQIURIES IN REGARD TO SCHILTZ AND ITS GERMAN BUYER , DID ASTURIENNE DEMAND PAYMENT FROM SCHILTZ OF THE SUMS WHICH WERE STILL OWED TO IT .
16 THE COMMISSION ' S REASONING IS BASED ON THE SUPPOSITION THAT THE FACTS ESTABLISHED CANNOT BE EXPLAINED OTHER THAN BY CONCERTED ACTION BY THE TWO UNDERTAKINGS . FACED WITH SUCH AN ARGUMENT , IT IS SUFFICIENT FOR THE APPLICANTS TO PROVE CIRCUMSTANCES WHICH CAST THE FACTS ESTABLISHED BY THE COMMISSION IN A DIFFERENT LIGHT AND WHICH THUS ALLOW ANOTHER EXPLANATION OF THE FACTS TO BE SUBSTITUTED FOR THE ONE ADOPTED BY THE CONTESTED DECISION .
17 THE APPLICANTS HAVE IN FACT PROVED THE EXISTENCE OF SUCH CIRCUMSTANCES . THE COMMISSION WAS OBLIGED TO ADMIT THAT , CONTRARY TO THE FINDINGS IN THE DECISION , ASTURIENNE HAD COMPLETELY FULFILLED AN ORDER FROM SCHILTZ FOR 240 TONNES OF ROLLED ZINC PRODUCTS AT THE TIME WHEN IT CEASED DELIVERIES TO IT ON 21 OCTOBER 1976 . ASTURIENNE HAS ALSO PROVED