Finally, courts that have used the standard analysis of plus factors in recent years have implicitly requested some sort of disclosure in the proposed definition, although they continue to nominally apply the retained nebulous definitions. In 1969, the Court of Justice of the European Communities interpreted for the first time the concept of concerted practices in the Dyestuffs case: the concepts of agreement and concerted practice are often used by regulatory authorities in combination or interchangeable ways to identify different forms of harmful coordination and collusive activities between independent operators: where the investigating authority is unable to demonstrate that the the undertakings studied must be aware that not all exchanges of information are automatically regarded as a concerted practice. . . .