THE NETWORK BEARING HIS BUSINESS NAME OR SYMBOL . IT FOLLOWS THAT PROVISIONS WHICH ESTABLISH THE MEANS OF CONTROL NECESSARY FOR THAT PURPOSE DO NOT CONSTITUTE RESTRICTIONS ON COMPETITION FOR THE PURPOSES OF ARTICLE 85 ( 1 ).
18 THE SAME IS TRUE OF THE FRANCHISEE ' S OBLIGATION TO APPLY THE BUSINESS METHODS DEVELOPED BY THE FRANCHISOR AND TO USE THE KNOW-HOW PROVIDED .
19 THAT IS ALSO THE CASE WITH REGARD TO THE FRANCHISEE ' S OBLIGATION TO SELL THE GOODS COVERED BY THE CONTRACT ONLY IN PREMISES LAID OUT AND DECORATED ACCORDING TO THE FRANCHISOR ' S INSTRUCTIONS , WHICH IS INTENDED TO ENSURE UNIFORM PRESENTATION IN CONFORMITY WITH CERTAIN REQUIREMENTS . THE SAME REQUIREMENTS APPLY TO THE LOCATION OF THE SHOP , THE CHOICE OF WHICH IS ALSO LIKELY TO AFFECT THE NETWORK ' S REPUTATION . IT IS THUS UNDERSTANDABLE THAT THE FRANCHISEE CANNOT TRANSFER HIS SHOP TO ANOTHER LOCATION WITHOUT THE FRANCHISOR ' S APPROVAL .
20 THE PROHIBITION OF THE ASSIGNMENT BY THE FRANCHISEE OF HIS RIGHTS AND OBLIGATIONS UNDER THE CONTRACT WITHOUT THE FRANCHISOR ' S APPROVAL PROTECTS THE LATTER ' S RIGHT FREELY TO CHOOSE THE FRANCHISEES , ON WHOSE BUSINESS QUALIFICATIONS THE ESTABLISHMENT AND MAINTENANCE OF THE NETWORK ' S REPUTATION DEPEND .
21 BY MEANS OF THE CONTROL EXERTED BY THE FRANCHISOR ON THE SELECTION OF GOODS OFFERED BY THE FRANCHISEE , THE PUBLIC IS ABLE TO OBTAIN GOODS OF THE SAME QUALITY FROM EACH FRANCHISEE . IT MAY IN CERTAIN CASES - FOR INSTANCE , THE DISTRIBUTION OF FASHION ARTICLES - BE IMPRACTICAL TO LAY DOWN OBJECTIVE QUALITY SPECIFICATIONS . BECAUSE OF THE LARGE NUMBER OF FRANCHISEES IT MAY ALSO BE TOO EXPENSIVE TO ENSURE THAT SUCH SPECIFICATIONS ARE OBSERVED . IN SUCH CIRCUMSTANCES A PROVISION REQUIRING THE FRANCHISEE TO SELL ONLY PRODUCTS SUPPLIED BY THE FRANCHISOR OR BY SUPPLIERS SELECTED BY HIM MAY BE CONSIDERED NECESSARY FOR THE PROTECTION OF THE NETWORK ' S REPUTATION . SUCH A PROVISION MAY NOT HOWEVER HAVE THE EFFECT OF PREVENTING THE FRANCHISEE FROM OBTAINING THOSE PRODUCTS FROM OTHER FRANCHISEES .
22 FINALLY , SINCE ADVERTISING HELPS TO DEFINE THE IMAGE OF THE NETWORK ' S NAME OR SYMBOL IN THE EYES OF THE PUBLIC , A PROVISION REQUIRING THE FRANCHISEE TO OBTAIN THE FRANCHISOR ' S APPROVAL FOR ALL ADVERTISING IS ALSO ESSENTIAL FOR THE MAINTENANCE OF THE NETWORK ' S IDENTITY , SO LONG AS THAT PROVISION CONCERNS ONLY THE NATURE OF THE ADVERTISING .
23 IT MUST BE EMPHASIZED ON THE OTHER HAND THAT , FAR FROM BEING NECESSARY FOR THE PROTECTION OF THE KNOW-HOW PROVIDED OR THE MAINTENANCE OF THE NETWORK ' S IDENTITY AND REPUTATION , CERTAIN PROVISIONS RESTRICT COMPETITION BETWEEN THE MEMBERS OF THE NETWORK . THAT IS TRUE OF PROVISIONS WHICH SHARE MARKETS BETWEEN THE FRANCHISOR AND FRANCHISEES OR BETWEEN FRANCHISEES OR PREVENT FRANCHISEES FROM ENGAGING IN PRICE COMPETITION WITH EACH OTHER .
24 IN THAT REGARD , THE ATTENTION OF THE NATIONAL COURT