Keywords
Summary

Keywords

1 . COMPETITION - CARTELS - EXCLUSIVE DEALING AGREEMENTS CONCLUDED BETWEEN TWO UNDERTAKINGS FROM ONE MEMBER STATE - INTERFERENCE WITH TRADE BETWEEN MEMBER STATES - PROHIBITION - EXEMPTION BY CATEGORIES - ASSESSMENT - JURISDICTION OF NATIONAL COURT

( EEC TREATY , ARTICLE 85 ( 1 ) AND ( 3 ); REGULATION NO 67/67 OF THE COMMISSION , ARTICLE 1 )

2 . COMPETITION - CARTELS - NOTIFICATION - EXEMPTION UNDER ARTICLE 4 ( 2 ) OF REGULATION NO 17 - EXTENSION - EXCLUSIVE SALES AGREEMENTS - OPERATION WITHIN THE TERRITORY OF A SINGLE MEMBER STATE - GOODS IMPORTED FROM ANOTHER MEMBER STATE

3 . COMPETITION - CARTELS - EXCLUSIVE DEALING AGREEMENTS CONCLUDED BETWEEN TWO UNDERTAKINGS FROM THE SAME MEMBER STATE - INTERFERENCE WITH TRADE BETWEEN MEMBER STATES - PROHIBITION - EXEMPTION BY CATEGORIES

( REGULATION NO 67/67 OF THE COMMISSION , ARTICLE 1 ( 2 ))

Summary

1 . IT IS FOR THE NATIONAL COURTS BEFORE WHICH AN ACTION RELATING TO THE VALIDITY OF AGREEMENTS CONCLUDED BETWEEN TWO UNDERTAKINGS FROM ONE MEMBER STATE IS BROUGHT TO ASSESS , SUBJECT TO THE POSSIBLE APPLICATION OF ARTICLE 177 , WHETHER SUCH AGREEMENTS MAY SIGNIFICANTLY AFFECT TRADE BETWEEN MEMBER STATES AND WHETHER THEY BENEFIT , IN SPITE OF THE ABSENCE OF NOTIFICATION , FROM THE EXEMPTION RELATING TO CATEGORIES OF AGREEMENTS PROVIDED FOR IN REGULATION NO 67/67 OF THE COMMISSION IN PURSUANCE OF ARTICLE 85 ( 3 ).

2 . TO THE EXTENT TO WHICH IT EXEMPTS FROM NOTIFICATION AGREEMENTS WHICH DO NOT RELATE EITHER TO IMPORTS OR TO EXPORTS , ARTICLE 4 ( 2 ) ( 1 ) OF REGULATION NO 17 OF THE COUNCIL MUST BE INTERPRETED AS EXTENDING TO AGREEMENTS GRANTING EXCLUSIVE SALES CONCESSIONS IN RELATION TO THE MARKETING OF GOODS , WHERE THE MARKETING ENVISAGED BY THE AGREEMENT TAKES PLACE SOLELY WITHIN THE TERRITORY OF THE MEMBER STATE TO WHOSE LAW THE UNDERTAKINGS ARE SUBJECT , EVEN IF THE GOODS IN QUESTION HAVE AT A FORMER STAGE BEEN IMPORTED FROM ANOTHER MEMBER STATE .

3 . ARTICLE 1 ( 2 ) OF REGULATION NO 67/67 OF THE COMMISSION IS NOT INTENDED TO EXCLUDE FROM THE BENEFIT OF EXEMPTION BY CATEGORIES THOSE AGREEMENTS WHICH , ALTHOUGH CON- CLUDED BETWEEN TWO UNDERTAKINGS FROM ONE MEMBER STATE , MAY NEVERTHELESS BY WAY OF EXCEPTION SIGNIFICANTLY AFFECT TRADE BETWEEN MEMBER STATES BUT WHICH , IN ADDITION , SATISFY ALL THE CONDITIONS LAID DOWN IN ARTICLE 1 OF REGULATION NO 67/67 .