AFOREMENTIONED CONDITIONS WHEN, DE JURE OR DE FACTO, IT PREVENTS THE DISTRIBUTOR FROM RE-EXPORTING THE PRODUCTS IN QUESTION TO OTHER MEMBER STATES OR PREVENTS THE PRODUCTS FROM BEING IMPORTED FROM OTHER MEMBER STATES INTO THE PROTECTED AREA AND FROM BEING DISTRIBUTED THEREIN BY PERSONS OTHER THAN THE EXCLUSIVE DEALER OR HIS CUSTOMERS .
13 IN ORDER TO DETERMINE WHETHER THIS IS THE POSITION, ACCOUNT MUST BE TAKEN NOT ONLY OF THE RIGHTS AND OBLIGATIONS ARISING FROM THE CLAUSES OF THE AGREEMENT BUT ALSO OF THE ECONOMIC AND LEGAL CONDITIONS UNDER WHICH IT OPERATES AND PARTICULARLY OF THE EXISTENCE OF ANY SIMILAR AGREEMENTS ENTERED INTO BY THE SAME PRODUCER WITH EXCLUSIVE DEALERS ESTABLISHED IN OTHER MEMBER STATES .
14 MORE ESPECIALLY, AN EXCLUSIVE DEALING AGREEMENT IS LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES AND MAY HAVE THE EFFECT OF IMPEDING COMPETITION IF, OWING TO THE COMBINED EFFECTS OF THE AGREEMENT AND OF NATIONAL LEGISLATION ON UNFAIR COMPETITION, THE DEALER IS ABLE TO PREVENT PARALLEL IMPORTS FROM OTHER MEMBER STATES INTO TERRITORY COVERED BY THE AGREEMENT .
15 THE DEALER MAY, THEREFORE, RELY ON SUCH LEGISLATION ONLY IF THE ALLEGED UNFAIRNESS OF HIS COMPETITORS' BEHAVIOUR ARISES FROM FACTORS OTHER THAN THEIR HAVING EFFECTED PARALLEL IMPORTS .
16 C - FINALLY, IN ORDER TO COME WITHIN THE PROHIBITION IMPOSED BY ARTICLE 85, THE AGREEMENT MUST AFFECT TRADE BETWEEN MEMBER STATES AND THE FREE PLAY OF COMPETITION TO AN APPRECIABLE EXTENT .
17 IN ORDER TO ESTABLISH WHETHER THIS IS THE CASE, THESE FACTORS MUST BE CONSIDERED IN THE LIGHT OF THE SITUATION WHICH WOULD HAVE EXISTED BUT FOR THE AGREEMENT IN QUESTION .
18 IT FOLLOWS THAT, IN ORDER TO DETERMINE WHETHER A CONTRACT WHICH CONTAINS A CLAUSE CONFERRING AN EXCLUSIVE RIGHT OF SALE IS CAUGHT BY THAT ARTICLE, ACCOUNT MUST BE TAKEN IN PARTICULAR OF THE NATURE AND QUANTITY, RESTRICTED OR OTHERWISE, OF THE PRODUCTS COVERED BY THE AGREEMENT; THE STANDING OF THE GRANTOR AND OF THE GRANTEE OF THE CONCESSION ON THE MARKET IN THE PRODUCTS CONCERNED; WHETHER THE AGREEMENT STANDS ALONE OR IS ONE OF A SERIES OF AGREEMENTS; THE STRINGENCY OF THE CLAUSES DESIGNED TO PROTECT THE EXCLUSIVE RIGHT OR ON THE OTHER HAND, THE EXTENT TO WHICH ANY OPENINGS ARE LEFT FOR OTHER DEALINGS IN THE PRODUCTS CONCERNED IN THE FORM OF RE-EXPORTS OR PARALLEL IMPORTS .
2 . APPLICABILITY OF REGULATION NO 67/67
19 UNDER ARTICLE 1 ( 1 ) OF REGULATION NO 67/67, " IT IS HEREBY DECLARED THAT UNTIL 31 DECEMBER 1972 ARTICLE 85 ( 1 ) OF THE TREATY SHALL NOT APPLY TO AGREEMENTS TO WHICH ONLY TWO UNDERTAKINGS ARE PARTY " AND IN WHICH AN OBLIGATION IS ENTERED INTO BETWEEN THE PARTIES IN RESPECT OF EXCLUSIVE SUPPLY OR OF EXCLUSIVE PURCHASE, OR BOTH, " FOR RESALE ".
20 UNDER ARTICLE 2 ( 1 ) OF THE REGULATION, NO RESTRICTIONS ON COMPETITION ARE TO BE IMPOSED ON THE EXCLUSIVE DEALER OTHER THAN THOSE SPECIFIED THEREIN AND THESE DO NOT INCLUDE A PROHIBITION ON RE-EXPORTING