, THUS LIMITING COMPETITION WITHIN THE RELEVANT MARKET?
( 2)IS IT COMPATIBLE WITH ARTICLES 85 AND 86 OF THE TREATY ESTABLISHING THE EEC THAT IN BELGIUM THE DISTRIBUTION OF FOREIGN NEWSPAPERS AND PERIODICALS IS ENTRUSTED TO A SINGLE UNDERTAKING WHICH IS IN SUCH A POSITION AS TO BE RESPONSIBLE FOR THE DISTRIBUTION OF MORE THAN 50% OF FOREIGN PUBLICATIONS IN BELGIUM AND THAT THE CONTRACTS WHICH THAT UNDERTAKING REQUIRES BOTH NEWSPAPER PUBLISHERS AND RETAILERS TO SIGN ARE DRAWN UP SO AS TO ENABLE IT TO DEMAND RESCISSION OF THECONTRACT OR TO REFUSE DISTRIBUTION OF THE PUBLICATIONS IN QUESTION IF THE PUBLISHER UNDER CONTRACT SUPPLIES CERTAIN NON-APPROVED RETAILERS DIRECTLY , OR TO WITHDRAW APPROVAL FROM RETAILERS WHO RE-ASSIGN OR RESELL OR EFFECT ANY SALE OTHER THAN A RETAIL SALE OR ANY HIRE OR LOAN?
( 3)IS IT COMPATIBLE WITH ARTICLES 85 AND 86 OF THE TREATY ESTABLISHING THE EEC THAT THE DISTRIBUTOR IN QUESTION RESERVES THE RIGHT TO FIX PRICES AND COMPELS RETAILERS TO RESPECT THE PRICES LAID DOWN?
( 4)IS IT COMPATIBLE WITH ARTICLES 85 AND 86 OF THE TREATY ESTABLISHING THE EEC THAT THE NEWSPAPER DISTRIBUTOR IN QUESTION IS A BELGIAN COMPANY IN WHICH AN IMPORTANT SHARE IS HELD BY A FINANCE GROUP GOVERNED BY FOREIGN LAW WHICH ITSELF CONTROLS VARIOUS UNDERTAKINGS PUBLISHING DAILY NEWSPAPERS AND PERIODICALS IN FRANCE , WHILE THAT FINANCE GROUP AND THE BELGIAN DISTRIBUTOR JOINTLY HOLD SHARES IN A BELGIAN COMPANY HAVING AS ITS PURPOSE THE RETAIL DISTRIBUTION OF NEWSPAPERS AND PERIODICALS IN BELGIUM , IT BEING ESTABLISHED THAT THE DISTRIBUTOR APPLIES LESS STRICT CRITERIA FOR APPROVAL TO THAT RETAILER THAN TO OTHERS?
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9 IT FOLLOWS FROM THE SECOND QUESTION THAT THE DISTRIBUTION SYSTEM REFERRED TO BY THE JUDGMENT REQUESTING A PRELIMINARY RULING FROM THE COURT APPLIES TO THE DISTRIBUTION OF FOREIGN NEWSPAPERS AND PERIODICALS IN BELGIUM . ACCORDING TO THE GROUNDS OF THE JUDGMENT VIRTUALLY THE WHOLE OF THE DISTRIBUTION OF FOREIGN NEWSPAPERS IN BELGIUM IS COVERED BY THAT SYSTEM . THOSE FACTS ARE SUFFICIENT FOR THE SYSTEM TO BE REGARDED AS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES . IT IS THEREFORE NOT NECESSARY TO EXAMINE THAT PARTICULAR QUESTION WHEN REPLYING TO THE QUESTIONS WHICH RELATE IN GENERAL TERMS TO THE APPLICATION OF ARTICLES 85 AND 86 OF THE EEC TREATY .
10 THE FIRST AND SECOND QUESTIONS RELATE , WITH REGARD TO NEWSPAPERS AND PERIODICALS PUBLISHED IN BELGIUM AND WITH REGARD TO THOSE PUBLISHED ABROAD , TO THE SYSTEM GOVERNING THEIR DISTRIBUTION IN BELGIUM AS ORGANIZED BY A SPECIALIZED DISTRIBUTION AGENCY . THE NATIONAL COURTWISHES TO KNOW HOW THE COMPATIBILITY OF SUCH A SYSTEM WITH ARTICLES 85 AND 86 IS TO BE ASSESSED WITH REGARD TO THREE DIFFERENT FACTORS :
( A ) THE PRACTICE OF THE PUBLISHERS ;
( B)THE OPERATIONS OF THE DISTRIBUTION AGENCY ;
( C)THE SELECTIVE DISTRIBUTION SYSTEM ESTABLISHED BY THAT AGENCY IN THE RETAIL TRADE .
THE THIRD QUESTION SINGLES OUT ONE SPECIFIC ASPECT OF THAT SYSTEM , NAMELY COMPLIANCE WITH FIXED PRICES , WHILST THE