THE SALES FORCE , WHICH WAS MOVED TO REMIA AT THE TIME OF THE TRANSFER , HAD CONSIDERABLE EXPERIENCE IN THE SAUCE MARKETING SECTOR AND HAD FOUR YEARS IN WHICH TO INTRODUCE A NEW REMIA TRADEMARK WITHOUT BEING HAMPERED BY NUTRICIA OR LUYCKS . SINCE THE SECTOR CONCERNED DID NOT INVOLVE HIGH TECHNOLOGY AND THERE WERE NO LONG-TERM DELIVERY CONTRACTS A FOUR-YEAR PERIOD WAS AMPLY SUFFICIENT . FURTHERMORE , IF A CERTAIN AMOUNT OF GOODWILL WAS TO BE ATTRIBUTED TO THE SALES STAFF WHO WERE NOT TRANSFERRED , THAT FACT SHOULD AGAIN , IN THE COMMISSION ' S VIEW , HAVE BEEN REFLECTED IN THE PURCHASE PRICE AGREED AT THE TIME OF THE TRANSFER AND SHOULD NOT HAVE CAUSED THE DURATION OF THE NON-COMPETITION CLAUSE TO BE PROLONGED .
34 ALTHOUGH AS A GENERAL RULE THE COURT UNDERTAKES A COMPREHENSIVE REVIEW OF THE QUESTION WHETHER OR NOT THE CONDITIONS FOR THE APPLICATION OF ARTICLE 85 ( 1 ) ARE MET , IT IS CLEAR THAT IN DETERMINING THE PERMISSIBLE DURATION OF A NON-COMPETITION CLAUSE INCORPORATED IN AN AGREEMENT FOR THE TRANSFER OF AN UNDERTAKING THE COMMISSION HAS TO APPRAISE COMPLEX ECONOMIC MATTERS . THE COURT MUST THEREFORE LIMIT ITS REVIEW OF SUCH AN APPRAISAL TO VERIFYING WHETHER THE RELEVANT PROCEDURAL RULES HAVE BEEN COMPLIED WITH , WHETHER THE STATEMENT OF THE REASONS FOR THE DECISION IS ADEQUATE , WHETHER THE FACTS HAVE BEEN ACCURATELY STATED AND WHETHER THERE HAS BEEN ANY MANIFEST ERROR OF APPRAISAL OR A MISUSE OF POWERS .
35 IN THIS INSTANCE THE APPLICANTS HAVE CONFINED THEMSELVES TO CONTENDING THAT THE LIMITATION OF THE DURATION OF THE NON-COMPETITION CLAUSE TO FOUR YEARS IS BASED ON A NUMBER OF INCORRECT FINDINGS OF FACT AND , ESSENTIALLY , ON THE COMMISSION ' S INCORRECT APPRAISAL OF THE SPECIFIC CIRCUMSTANCES OF THE CASE .
36 IT CANNOT BE INFERRED EITHER FROM THE DOCUMENTS BEFORE THE COURT OR FROM THE ORAL ARGUMENT PRESENTED TO IT THAT BY SETTING AT FOUR YEARS THE PERIOD BEYOND WHICH THE NON-COMPETITION CLAUSE CONTAINED IN THE SAUCE AGREEMENT CAME WITHIN THE PROHIBITION LAID DOWN IN ARTICLE 85 ( 1 ) OF THE EEC TREATY , THE COMMISSION BASED ITS DECISION ON INCORRECT FINDINGS OF FACT OR COMMITTED A MANIFEST ERROR IN ITS APPRAISAL OF THE FACTS OF THE CASE AS A WHOLE .
THE APPLICABILITY OF ARTICLE 85 ( 3 ) OF THE EEC TREATY
37 THE APPLICANTS ARGUE IN SUBSTANCE THAT THE COMMISSION WRONGLY REFUSED THE EXEMPTION THEY HAD REQUESTED UNDER ARTICLE 85 ( 3 ) OF THE TREATY . THE COMMISSION DID NOT PROVIDE AN ADEQUATE STATEMENT OF THE REASONS FOR ITS DECISION AND FAILED TO GIVE DUE WEIGHT TO THE SPECIAL FEATURES OF THE TRANSFER OF REMIA AND THE NEED TO INCLUDE A NON-COMPETITION CLAUSE IN THE TERMS OF THAT TRANSFER .
38 BEFORE EXAMINING THE ARGUMENTS OF THE PARTIES ON THAT POINT , IT SHOULD BE POINTED OUT THAT AN AGREEMENT WHICH PROVES TO BE CONTRARY TO THE PROVISIONS OF ARTICLE 85