POSSIBILITY THAT AN AGREEMENT SUCH AS THAT REFERRED TO BY THE NATIONAL COURT MAY , IN VIEW OF ITS CONTENT AND ITS SCOPE , AFFECT , AS FAR AS THE DISTRIBUTION OF NEWSPAPERS AND PERIODICALS IS CONCERNED , TRADE BETWEEN MEMBER STATES WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE TREATY .
17 HOWEVER , IT SHOULD BE RECALLED THAT SUCH AN AGREEMENT ESCAPES THE PROHIBITION LAID DOWN BY ARTICLE 85 IF IT HAS NO APPRECIABLE EFFECT ON TRADE BETWEEN MEMBER SATES . ALTHOUGH , IN THE CASE OF NEWSPAPERS AND PERIODICALS , AN ASSESSMENT OF THE APPRECIABILITY OF THE EFFECTS WHICH A DISTRIBUTION AGREEMENT MAY HAVE ON THE MARKET IS STRICTER THAN IN THE CASE OF OTHER PRODUCTS , IT IS NECESSARY NEVERTHELESS TO TAKE INTO ACCOUNT , FOR THE PURPOSE OF DETERMINING WHETHER AN AGREEMENT IS CAPABLE OF HAVING AN APPRECIABLE EFFECT ON THE MARKET IN NEWSPAPERS AND PERIODICALS FROM OTHER MEMBER STATES , FIRST THE FACT THAT THIS MARKET MAY EMPLOY , FOR THE SALE OF NEWSPAPERS IN THE AREA CONCERNED , CHANNELS OF DISTRIBUTION OTHER THAN THOSE GOVERNED BY THE AGREEMENT AND , SECONDLY , THAT DEMAND FOR THE AFORESAID PRODUCTS IS RIGID INASMUCH AS IT SHOWS NO SUBSTANTIAL VARIATIONS AS A RESULT OF THE ENTRY INTO FORCE AND THE TERMINATION OF THE AGREEMENT IN QUESTION .
18 IN THIS CONNEXION , THE FACT THAT THE STATISTICS PRODUCED BY THE COMMISSION DURING THE WRITTEN PROCEDURE AND SUPPLEMENTED AT THE SITTING REVEAL THAT THE DEMAND FOR NEWSPAPERS AND PERIODICALS FROM OTHER MEMBER STATES HAS NOT BEEN SUBJECT TO SUBSTANTIAL VARIATIONS BETWEEN 1972 AND 1979 CONSTITUTES ONE OF THE FACTORS WHICH HAVE TO BE ASSESSED .
19 IT IS FOR THE NATIONAL COURT TO DETERMINE , ON THE BASIS OF ALL THE RELEVANT INFORMATION WHICH IT MAY HAVE AT ITS DISPOSAL , WHETHER THE AGREEMENT IN FACT SATISFIES THE ABOVE-MENTIONED CONDITIONS AND THUS COMES WITHIN THE PROHIBITION LAID DOWN BY ARTICLE 85 ( 1 ).
20 HAVING REGARD TO THOSE FACTS , THE ANSWER TO THE FIRST AND THIRD QUESTIONS SHOULD THEREFORE BE THAT AN EXCLUSIVE DISTRIBUTION AGREEMENT FOR NEWSPAPERS AND PERIODICALS SUCH AS THAT REFERRED TO BY THE NATIONAL COURT COMES WITHIN THE PROHIBITION LAID DOWN BY ARICLE 85 ( 1 ) OF THE TREATY ONLY IF IT PROVES CAPABLE OF HAVING AN APPRECIABLE EFFECT ON TRADE BETWEEN THE MEMBER STATES .
THE SECOND AND SIXTH QUESTIONS
21 IN ITS SECOND QUESTION , THE NATIONAL COURT ASKS WHETHER THE CLAUSE IN THE CONTESTED AGREEMENT WHICH PROVIDES THAT ONLY RETAILERS IN POSSESSION OF A TRADE LICENCE ISSUED BY THE INTER-REGIONAL JOINT COMMITTEES ARE ALLOWED TO SELL ITALIAN NEWSPAPERS AND PERIODICALS CREATES DISCRIMINATION CONTRARY TO THE TREATY .
22 IN ITS SIXTH QUESTION , IT ASKS WHETHER SUCH A RULE IS CAPABLE OF CONSTITUTING AN ABUSE OF A DOMINANT POSITION , PROHIBITED BY THE FIRST PARAGRAPH OF ARTICLE 86 OF THE TREATY .
23 THE PURPOSE OF THESE TWO QUESTIONS IS ESSENTIALLY TO ASCERTAIN WHETHER THE