BREWERS SELLING GM THAT QUANTITY OF LAGER BEER . SECONDLY , WITH OVER HALF OF CARLSBERG LTD'S OUTPUT RESERVED FOR ONE BUYER IN THE UNITED KINGDOM , GM , THIS AMOUNT IS NOT AVAILABLE FOR EXPORT , FOR EXAMPLE TO OTHER EUROPEAN MARKETS LIKE BELGIUM , LUXEMBOURG AND FRANCE WHERE THE PRODUCTS ARE POPULAR ; CARLSBERG LTD ALREADY OCCASIONALLY EXPORTS LAGER TO CERTAIN OTHER MEMBER STATES . THAT THE AGREEMENT CAN HAVE A TANGIBLE EFFECT ON INTER-STATE TRADE IS SHOWN BY THE FACT THAT SOME OTHER LARGE CONTINENTAL BREWERS EXPORT LARGE QUANTITIES OF LAGER TO THE UNITED KINGDOM EACH YEAR AND THAT CARLSBERG USED TO EXPORT LARGE AMOUNTS OF BEER TO THE UNITED KINGDOM BEFORE THE NORTHAMPTON BREWERY WAS BUILT AND STILL EXPORTS SMALL AMOUNTS OF SPECIAL BEERS WHICH IT WOULD BE UNECONOMIC FOR IT TO PRODUCE LOCALLY . THE OBLIGATIONS ON THE PARTIES TO INFORM ONE ANOTHER OF THEIR ANTICIPATED SALES AND SUPPLY REQUIREMENTS AND TO CONSULT WITH ONE ANOTHER ON THEIR SALES FORECASTS REINFORCE AND COMPLEMENT THE EFFECT OF THE PURCHASE AND SUPPLY COMMITMENTS ON INTER-STATE TRADE . THE TRADE IN LAGER TO AND FROM THE UNITED KINGDOM IS THEREBY SIGNIFICANTLY ALTERED FROM WHAT IT WOULD OTHERWISE BE .
( 6 ) THE AGREEMENT THEREFORE FALLS WITHIN THE SCOPE OF ARTICLE 85 ( 1 ) .
B . ARTICLE 85 ( 3 )
( 7 ) ARTICLE 85 ( 3 ) OF THE EEC TREATY PROVIDES THAT ARTICLE 85 ( 1 ) MAY BE DECLARED INAPPLICABLE IN THE CASE OF ANY AGREEMENT BETWEEN UNDERTAKINGS WHICH CONTRIBUTES TO IMPROVING THE PRODUCTION OR DISTRIBUTION OF GOODS OR TO PROMOTING TECHNICAL OR ECONOMIC PROGRESS , WHILE ALLOWING CONSUMERS A FAIR SHARE OF THE RESULTING BENEFIT , AND WHICH DOES NOT :
( A ) IMPOSE ON THE UNDERTAKINGS CONCERNED RESTRICTIONS WHICH ARE NOT INDISPENSABLE TO THE ATTAINMENT OF THESE OBJECTIVES ;
( B ) AFFORD SUCH UNDERTAKINGS THE POSSIBILITY OF ELIMINATING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
( 8 ) THE LAGER AGREEMENT AND THE RESTRICTIONS OF COMPETITION CONTAINED IN IT MUST BE SEEN IN THE LIGHT OF THE PECULIAR STRUCTURE OF THE BRITISH BEER MARKET AND THE ECONOMIC AND COMMERCIAL POSITION OF CARLSBERG ON THAT MARKET . THE COOPERATION AGREEMENT HAS ENABLED CARLSBERG TO ESTABLISH ITSELF MORE QUICKLY AND OVER A WIDER AREA THANKS TO GM'S LARGE NETWORK OF TIED OUTLETS . WITHOUT THIS COOPERATION CARLSBERG WOULD AS YET BE UNABLE TO KEEP ITS NORTHAMPTON BREWERY FULLY OCCUPIED . IN VIEW OF THE ECONOMIC ADVANTAGES OF THE ARRANGEMENTS , WHICH WILL BE SHOWN BELOW , THE RESTRICTIONS OF COMPETITION RESULTING FROM THE AGREEMENT CAN BE TOLERATED UNTIL 30 SEPTEMBER 1991 , SINCE THIS PERIOD SHOULD BE SUFFICIENT FOR CARLSBERG TO BUILD UP ITS OWN SALES NETWORK AND PROGRESSIVELY BECOME INDEPENDENT OF ANY OTHER LARGE BREWERY FOR DISTRIBUTING ITS OUTPUT .
( 9 ) THE PURCHASE , SUPPLY AND FORECASTING OBLIGATIONS CONTRIBUTE TO IMPROVING PRODUCTION AND DISTRIBUTION . THE PURCHASE AND SUPPLY COMMITMENTS ALLOW