NEWSPAPERS AND PERIODICALS AND THEIR DISTRIBUTION AND HAD ABUSED THAT POWER . SINCE THAT TIME THE DISTRIBUTION SYSTEM HAS BEEN AMENDED BY AN AGREEMENT CONCLUDED IN 1983 BY AMP AND THE PUBLISHERS SO AS TO ABOLISH THE SYSTEM OF COLLECTIVE APPROVAL , AMP HAVING DRAWN UP A SET OF RULES WHICH THE PUBLISHERS DECIDED INDIVIDUALLY WHETHER TO ACCEPT OR REJECT . ACCORDING TO ARTICLE VI ( 3 ) ( 2 ) OF THOSE RULES AMP DELIVERS AN OPINION ON EVERY APPLICATION FOR THE OPENING OF A NEW RETAIL OUTLET , WHICH IS NOTIFIED TO BELGIAN PUBLISHERS ; THOSE PUBLISHERS ARE REGARDED AS FOLLOWING THAT OPINION UNLESS THEY INFORM AMP WITHIN EIGHT DAYS OF A DECISION TO THE CONTRARY BY MEANS OF A SPECIAL FORM .
6 IN ADDITION , THE NATIONAL COURT FOUND THAT AMP HAD A MAJORITY HOLDING IN AMP TRANSPORTS SA AND A 9.35% HOLDING IN LECTURE GENERALE SA , A RETAILER OF NEWSPAPERS AND PERIODICALS . THOSE HOLDINGS MUST , ACCORDING TO THE NATIONAL COURT , BE CONSIDERED IN THE LIGHT OF THE FACT THAT A COMPANY INCORPORATED UNDER FRENCH LAW , HACHETTE , WHICH IS A MAJOR PUBLISHING HOUSE IN PARIS , HAS A HOLDING OF 48.84% IN AMP AND ONE OF 24.55% IN LECTURE GENERALE SA .
7 THE NATIONAL COURT CONCLUDES FROM THE AFOREMENTIONED FINDINGS THAT AMP CONTROLS THE APPROVAL OF DISTRIBUTION OUTLETS AND HAS , AT THE SAME TIME , TOGETHER WITH HACHETTE , A VERY SUBSTANTIAL INTEREST IN THE BUSINESS OF LECTURE GENERALE SA . FOR THAT REASON THE VERY STRICT RULES ON THE OPENING OF OUTLETS , INVOLVING MINIMUM GEOGRAPHICAL CRITERIA , AS PROVIDED FOR BY AMP ' S RULES FOR THE DISTRIBUTION OF NEWSPAPERS AND PERIODICALS , WERE NOT APPLIED IN THE CENTRE OF CHARLEROI TO THE BUSINESS OF VARIOUS OUTLETS BELONGING TO LECTURE GENERALE SA , BUT THOSE RULES AND CRITERIA WERE RELIED UPON AS JUSTIFICATION FOR THE REFUSAL TO SUPPLY BINON .
8 THE NATIONAL COURT CONSIDERED IT NECESSARY IN THOSE CIRCUMSTANCES TO REFER THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ( 1 ) IS IT COMPATIBLE WITH ARTICLES 85 AND 86 OF THE TREATY ESTABLISHING THE EEC FOR A GROUP OF UNDERTAKINGS OR A NUMBER OF UNDERTAKINGS WHOSE CONDUCT IS IDENTICAL AND WHICH CONSTITUTE AN IMPORTANT PART OF THE RELEVANT MARKET ( IN THIS CASE , THE MARKET IN DAILY AND WEEKLY NEWSPAPERS AND PERIODICALS IN BELGIUM ) TO MAINTAIN A PRACTICE WHEREBY , IN THE ABSENCE OF EXPRESS INTERVENTION OR ACTION ON THEIR PART , A SPECIALIZED UNDERTAKING IS ENTRUSTED EITHER IMPLIEDLY OR EXPRESSLY WITH THE TASK OF SELECTIVELY REGULATING THE DISTRIBUTION OF THEIR PRODUCTS BY REQUIRING RETAILERS WISHING TO SELL THOSE PRODUCTS TO SUBMIT AN APPLICATION FOR APPROVAL AND BY DECIDING WHETHER TO GRANT THAT APPLICATION BY REFERENCE TO BOTH QUALITATIVE AND QUANTITATIVE CRITERIA , NAMELY A CRITERION BASED ON THE DISTANCE FROM ONE SALES OUTLET TO ANOTHER AND A CRITERION REQUIRING A MINIMUM NUMBER OF INHABITANTS PER SALES OUTLET