REQUIREMENTS OF CARLSBERG BEERS UP TO THE LEVEL FORECAST EACH YEAR BY GM PLUS 10 % IS ALSO RESTRICTIVE OF COMPETITION BECAUSE IT DEPRIVES CARLSBERG LTD OF CONTROL OVER MORE THAN HALF OF ITS PRESENT OUTPUT WHICH IT WOULD OTHERWISE BE ABLE TO SELL TO OTHER BREWERIES OR ON THE FREE MARKET THROUGH ITS AGENCIES . SINCE CARLSBERG HAS NOT YET ENTERED INTO A SIMILAR AGREEMENT WITH ANY OTHER BREWERY IN THE UNITED KINGDOM AND HAS GRANTED A MANUFACTURING AND SALES LICENCE FOR ITS BEERS ONLY TO GM , GM HAS DE FACTO EXCLUSIVITY FOR THE SALE OF CARLSBERG BEERS IN THE UNITED KINGDOM . THE CLAUSE WHEREBY GM WOULD BE RELEASED FROM ITS PURCHASE COMMITMENT SHOULD CARLSBERG PERMIT ANOTHER COMPANY TO BREW CARLSBERG BEERS IN THE UNITED KINGDOM IN EXCESS OF THE COMPANY'S SALES TO ITS TIED OUTLETS , SO THAT SOME OF THE BEER BREWED BY THE COMPANY WOULD BE AVAILABLE FOR SALE ON THE FREE MARKET , ALSO OPERATES IN FAVOUR OF EXCLUSIVITY FOR GM , SINCE IT TENDS TO DISCOURAGE CARLSBERG FROM LICENSING OTHER COMPANIES FOR FEAR OF LOSING THE GUARANTEED MARKET FOR OVER HALF OF CARLSBERG LTD'S OUTPUT .
( 3.3 ) THE OBLIGATIONS UPON EACH PARTY TO FURNISH THE OTHER FOUR TIMES A YEAR WITH A ROLLING FORECAST OF ITS SALES AND SUPPLY REQUIREMENTS AND TO CONSULT WITH ONE ANOTHER ABOUT SUCH SALES FORECASTS ARE RESTRICTIONS OF COMPETITION WHICH ARE LINKED TO THE PURCHASE AND SUPPLY COMMITMENTS . THE RESTRICTIVE EFFECT OF THE OBLIGATIONS IS REINFORCED BY CARLSBERG LTD'S RIGHT TO COMPENSATION FROM GM SHOULD IT INCUR EXCEPTIONAL EXPENDITURE BECAUSE OF GM'S FAILURE TO KEEP TO THE ANNOUNCED FORECASTS , WHICH OBLIGES GM TO KEEP ITS SALES STRICTLY TO THE FORECAST LEVELS .
( 4 ) THE OTHER CLAUSES OF THE LAGER AGREEMENT DO NOT FALL WITHIN ARTICLE 85 ( 1 ) BECAUSE THEY DO NOT HAVE AS THEIR OBJECT OR EFFECT A SIGNIFICANT RESTRICTION OF COMPETITION WITHIN THE COMMON MARKET . THIS APPLIES , FOR EXAMPLE , TO CARLSBERG'S OBLIGATION TO APPLY TO ANY OTHER LICENSEES THE SAME STANDARDS , SPECIFICATIONS AND TECHNICAL REQUIREMENTS IN RESPECT OF BREWING , PACKAGING AND OUTLETS AS IT IMPOSES ON GM , WHICH IS NECESSARY IN ORDER TO GUARANTEE THAT CARLSBERG PRODUCTS ARE OF UNIFORM QUALITY WHOEVER PRODUCES THEM , UNIFORM QUALITY BEING INEXTRICABLY LINKED TO THE INTERNATIONAL REPUTATION OF THE TRADE MARK , WHICH IS ALSO LICENSED TO GM . IT IS JUSTIFIABLE FOR THE LICENSEE TO ATTACH THE SAME IMPORTANCE TO THIS AS THE LICENSOR , SINCE SALES OF CARLSBERG PRODUCTS MAKE UP A SUBSTANTIAL PROPORTION OF ITS SUBSIDIARY WMTB'S TURNOVER .
( 5 ) ALTHOUGH THE LAGER AGREEMENT ONLY CONCERNS THE PRODUCTION , DISTRIBUTION AND SALE OF CARLSBERG PRODUCTS IN THE UNITED KINGDOM , IT IS LIABLE TO HAVE A SIGNIFICANT EFFECT ON TRADE BETWEEN MEMBER STATES .
( 5.1 ) FIRST , THE COMMITMENT OF GM TO PURCHASE A VERY LARGE QUANTITY OF CARLSBERG BEERS FROM CARLSBERG LTD EACH YEAR PREVENTS OTHER EEC