NECESSARY THE COMMISSION CLEARLY DID NOT EXCEED THE MARGIN OF DISCRETION WHICH IT POSSESSES IN THIS SPHERE .
46 ACCORDING TO ARTICLE 85 ( 3 ) AGREEMENTS RESTRICTING COMPETITION MUST , IN ORDER TO QUALIFY FOR EXEMPTION , NOT ONLY IMPROVE THE DISTRIBUTION OF GOODS BUT ALSO ALLOW CONSUMERS A FAIR SHARE OF THE RESULTING BENEFIT .
47 ACCORDING TO THE CONTESTED DECISION THE CONDITIONS OF SUPPLY FOR WHOLESALERS UNDER THE COOPERATION AGREEMENT ARE SUCH AS TO PROVIDE DIRECT BENEFIT FOR CONSUMERS IN THAT THEY ENSURE CONTINUED SUPPLIES AND THE PROVISION OF A WIDER RANGE OF GOODS BY RETAILERS FOR PRIVATE CUSTOMERS .
FURTHERMORE , THE LIVELY COMPETITION EXISTING ON THE MARKET IN ELECTRONIC EQUIPMENT FOR LEISURE PURPOSES EXERCISES SUFFICIENT PRESSURE TO INDUCE SABA AND THE WHOLESALERS TO PASS ON TO CONSUMERS THE BENEFITS ARISING FROM THE RATIONALIZATION OF PRODUCTION AND THE DISTRIBUTION SYSTEM BASED ON THE COOPERATION AGREEMENT .
48 IN THE CIRCUMSTANCES OF THE PRESENT CASE REGULAR SUPPLIES REPRESENT A SUFFICIENT ADVANTAGE TO CONSUMERS FOR THEM TO BE CONSIDERED TO CONSTITUTE A FAIR SHARE OF THE BENEFIT RESULTING FROM THE IMPROVEMENT BROUGHT ABOUT BY THE RESTRICTION ON COMPETITION PERMITTED BY THE COMMISSION .
EVEN IF IT IS DOUBTFUL WHETHER THE REQUIREMENT IN THIS CONNEXION OF ARTICLE 85 ( 3 ) CAN BE SAID TO BE SATISFIED BY THE ASSUMPTION THAT THE PRESSURE OF COMPETITION WILL BE SUFFICIENT TO INDUCE SABA AND THE WHOLESALERS TO PASS ON TO CONSUMERS A PART OF THE BENEFIT DERIVED FROM THE RATIONALIZATION OF THE DISTRIBUTION NETWORK , THE GRANT OF EXEMPTION MAY , HOWEVER , IN THE PRESENT CASE BE CONSIDERED AS SUFFICIENTLY JUSTIFIED BY THE ADVANTAGE WHICH CONSUMERS OBTAIN FROM AN IMPROVEMENT IN SUPPLIES .
49 FINALLY , IT MUST BE CONSIDERED WHETHER THE OBLIGATIONS CONTAINED IN THE COOPERATION AGREEMENT DO NOT AFFORD THE UNDERTAKINGS CONCERNED THE POSSIBILITY OF ELIMINATING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
50 IT IS CLEAR FROM THE FOREGOING CONSIDERATIONS THAT THE CONDITIONS LAID DOWN BY SABA FOR APPOINTMENT AS A WHOLESALER MAY LARGELY BE FULFILLED WITHOUT INCONVENIENCE BY SELF-SERVICE WHOLESALE UNDERTAKINGS .
NEVERTHELESS , ALTHOUGH THE SUPPLY ESTIMATES WHICH WHOLESALERS ARE OBLIGED TO SIGN UNDER THE COOPERATION AGREEMENTS IN ALL PROBABILITY CONSTITUTE AN ELEMENT FOREIGN TO THE METHODS APPROPRIATE TO THAT DISTRIBUTION CHANNEL , IT DOES NOT APPEAR THAT , IN WEIGHING UP , IN THE CONTEXT OF THE ELECTRONIC LEISURE EQUIPMENT SECTOR , THE RELATIVE IMPORTANCE OF THE NEED FOR COOPERATION AGREEMENTS , GIVING SUFFICIENT COHERENCE TO SABA ' S MARKETING NETWORK , ESPECIALLY WITH REGARD TO SPECIALIST WHOLESALERS , ON THE ONE HAND , AND THE SURMOUNTABLE DIFFICULTIES WHICH THAT INVOLVES FOR SELF-SERVICE WHOLESALE TRADERS , ON THE OTHER , AND DECIDING IN FAVOUR OF THE FORMER , THE COMMISSION EXCEEDED ITS DISCRETIONARY POWER IN THIS SPHERE .
THE OUTCOME COULD BE DIFFERENT IF , IN PARTICULAR AS THE RESULT OF AN INCREASE IN SELECTIVE DISTRIBUTION NETWORKS OF A NATURE SIMILAR TO SABA ' S , SELF-SERVICE WHOLESALE