95Not only is this argument not included in the grounds of the contested decision as the basis for the obligation on the part of MD & D to repay the aid granted to SMI, but it follows both from those grounds and from the documents before the Court that the sale in question was supervised by a court and did not take place immediately, but was preceded by unsuccessful attempts with another American company. This information gives reason to suggest that the procedure followed was sufficiently open and transparent. In addition, the Commission has not presented any information to show that SMI's competitors complained about the lack of transparency that, in the view of the Commission, characterised the operation.
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