SO IMPORTANT THAT IT CAN NEVER BE ELIMINATED IT DOES NOT CONSTITUTE THE ONLY EFFECTIVE FORM OF COMPETITION OR THAT TO WHICH ABSOLUTE PRIORITY MUST IN ALL CIRCUMSTANCES BE ACCORDED .
THE POWERS CONFERRED UPON THE COMMISSION UNDER ARTICLE 85 ( 3 ) SHOW THAT THE REQUIREMENTS FOR THE MAINTENANCE OF WORKABLE COMPETITION MAY BE RECONCILED WITH THE SAFEGUARDING OF OBJECTIVES OF A DIFFERENT NATURE AND THAT TO THIS END CERTAIN RESTRICTIONS ON COMPETITION ARE PERMISSIBLE , PROVIDED THAT THEY ARE ESSENTIAL TO THE ATTAINMENT OF THOSE OBJECTIVES AND THAT THEY DO NOT RESULT IN THE ELIMINATION OF COMPETITION FOR A SUBSTANTIAL PART OF THE COMMON MARKET .
FOR SPECIALIST WHOLESALERS AND RETAILERS THE DESIRE TO MAINTAIN A CERTAIN PRICE LEVEL , WHICH CORRESPONDS TO THE DESIRE TO PRESERVE , IN THE INTERESTS OF CONSUMERS , THE POSSIBILITY OF THE CONTINUED EXISTENCE OF THIS CHANNEL OF DISTRIBUTION IN CONJUNCTION WITH NEW METHODS OF DISTRIBUTION BASED ON A DIFFERENT TYPE OF COMPETITION POLICY , FORMS ONE OF THE OBJECTIVES WHICH MAY BE PURSUED WITHOUT NECESSARILY FALLING UNDER THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ), AND , IF IT DOES FALL THEREUNDER , EITHER WHOLLY OR IN PART , COMING WITHIN THE FRAMEWORK OF ARTICLE 85 ( 3 ).
THIS ARGUMENT IS STRENGTHENED IF , IN ADDITION , SUCH CONDITIONS PROMOTE IMPROVED COMPETITION INASMUCH AS IT RELATES TO FACTORS OTHER THAN PRICES .
22 ALTHOUGH THE FIGURES SUBMITTED BY BOTH SIDES CONCERNING THE EXISTENCE OF PRICE COMPETITION AMONGST SABA DISTRIBUTORS ULTIMATELY INDICATE THAT THE PRICE STRUCTURE IS SOMEWHAT RIGID , THEY DO NOT , ESPECIALLY IN VIEW OF THE EXISTENCE AT THE SAME TIME OF COMPETITION BETWEEN PRODUCTS OF THE SAME BRAND ( INTRA-BRAND COMPETITION ) AND THE EXISTENCE OF EFFECTIVE COMPETITION BETWEEN DIFFERENT BRANDS , PERMIT THE CONCLUSION THAT COMPETITION HAS BEEN RESTRICTED OR ELIMINATED ON THE MARKET IN ELECTRONIC EQUIPMENT FOR LEISURE PURPOSES .
NEVERTHELESS , THE COMMISSION MUST ENSURE THAT THIS STRUCTURAL RIGIDITY IS NOT REINFORCED , AS MIGHT HAPPEN IF THERE WERE AN INCREASE IN THE NUMBER OF SELECTIVE DISTRIBUTION NETWORKS FOR MARKETING THE SAME PRODUCT .
SINCE THE COMMISSION GRANTED THE DESIRED EXEMPTION ONLY FOR A PERIOD EXPIRING ON 21 JULY 1980 IT RETAINS THE POSSIBILITY OF RECONSIDERING WITHIN A REASONABLE TIME THE CONSEQUENCES OF THIS ASPECT OF ITS DECISION .
IN THOSE CIRCUMSTANCES THE SUBMISSION BASED ON THE EXISTENCE OF A MISUSE OF POWERS MUST BE REJECTED .
B - THE APPLICATION OF ARTICLE 85 ( 3 )
23 IN THIS CONNEXION THE APPLICANT ' S COMPLAINTS ARE BASED IN SUBSTANCE ON FOUR POINTS , NAMELY :
( A ) THE OBLIGATION IMPOSED UPON SABA DISTRIBUTORS , BOTH WHOLESALERS AND RETAILERS , TO ENSURE THAT RESELLERS TO WHOM THEY SUPPLY SABA EQUIPMENT ARE APPOINTED DISTRIBUTORS AND TO CARRY OUT A CERTAIN NUMBER OF CHECKS IN THIS CONNEXION ;
( B ) THE PROHIBITION IMPOSED UPON SABA WHOLESALERS IN THE FEDERAL REPUBLIC OF GERMANY ON SUPPLIES TO SO-CALLED ' INSTITUTIONAL ' CONSUMERS ;
( C