IN QUESTION , OF WHICH , IN CONSEQUENCE , THE CONTRACTING PARTIES WOULD GENERALLY HAVE NO SPECIFIC KNOWLEDGE AND AN APPRAISAL OF WHICH REQUIRES THE CONSIDERATION OF CIRCUMSTANCES SO NUMEROUS AND COMPLICATED THAT A NATIONAL COURT WOULD BE PLACED IN A POSITION OF EXTREME DIFFICULTY .
32 IF THE COMMISSION WERE TO CONSIDER THAT THE CUMULATIVE EFFECT OF ALL THE AGREEMENTS INVOLVED IS SO RESTRICTIVE THAT GROUP EXEMPTION DID NOT APPEAR JUSTIFIED , IT WOULD HAVE THE RIGHT AND THE DUTY TO USE THE POWERS CONFERRED ON IT BY ARTICLE 7 OF REGULATION NO 19/65 , WHICH STATES : ' WHERE THE COMMISSION . . . FINDS THAT IN ANY PARTICULAR CASES AGREEMENTS . . . TO WHICH A REGULATION ADOPTED PURSUANT TO ARTICLE 1 ( THAT IS , A REGULATION PROVIDING FOR EXEMPTION BY CATEGORIES ) OF THIS REGULATION APPLIES HAVE NEVERTHELESS CERTAIN EFFECTS WHICH ARE INCOMPATIBLE WITH THE CONDITIONS LAID DOWN IN ARTICLE 85 ( 3 ) OF THE TREATY , IT MAY WITHDRAW THE BENEFIT OF APPLICATION OF THAT REGULATION AND ISSUE A DECISION IN ACCORDANCE WITH ARTICLES 6 AND 8 OF REGULATION NO 17 , WITHOUT ANY NOTIFICATION UNDER ARTICLE 4 ( 1 ) OF REGULATION NO 17 BEING REQUIRED ' .
33 IN THIS CONNEXION IT MUST BE BORNE IN MIND THAT , AS THE STATEMENTS OF THE COMMISSION THEMSELVES MAKE CLEAR , THE LATTER HAS , IN THE FIRST PLACE , BEEN NOTIFIED OF A SERIES OF BREWERY CONTRACTS WITHOUT HAVING , UP TO THE PRESENT , TAKEN A DECISION THEREON AND , IN THE SECOND PLACE , HAS CONDUCTED AN INQUIRY WITHIN THE MEANING OF ARTICLE 12 OF REGULATION NO 17 INTO THE BREWING INDUSTRY WHICH WAS , HOWEVER , RESTRICTED TO THE SIX ORIGINAL MEMBER STATES AND HAS NOT YET ITSELF PRODUCED A DECISION .
34 ( B ) FINALLY , THE APPLICABILITY OF REGULATION NO 67/67 TO AGREEMENTS SUCH AS THAT IN QUESTION CANNOT BE CHALLENGED ON THE GROUND THAT , AS THEY COME UNDER ARTICLE 4 ( 2 ) ( 1 ) OF REGULATION NO 17 , THEY ARE EXEMPT FROM NOTIFICATION , ALTHOUGH REGULATION NO 67/67 MAKES NO PROVISION GOVERNING THE STATUS OF AGREEMENTS WHICH ARE THE SUBJECT OF SUCH EXEMPTION .
35 IT WOULD BE UNREASONABLE TO EXCLUDE FROM THE BENEFIT OF GROUP EXEMPTION AGREEMENTS WHICH ARE NOT SUBJECT TO THE OBLIGATION TO NOTIFY ( AND , ACCORDINGLY , CONSIDERED AS A GENERAL RULE TO BE LESS HARMFUL TO THE FUNCTIONING OF THE COMMON MARKET ) WHEN , ALTHOUGH FULFILLING THE CONDITIONS FOR THE APPLICATION OF REGULATION NO 67/67 , THEY FALL UNDER THE PROHIBITION IN ARTICLE 85 OF THE TREATY .
36 THE TRUTH OF THIS IS CONFIRMED IN THAT IN THE PENULTIMATE RECITAL OF THE PREAMBLE TO REGULATION NO 67/67 IT IS EXPRESSLY STATED THAT EVEN AGREEMENTS WHICH IT IS POSSIBLE TO NOTIFY UNDER REGULATION NO 17 , BUT WHICH COME WITHIN THE AMBIT OF REGULATION NO 67/67 , ' NEED NO LONGER BE NOTIFIED '