SUPERMARKET .
IN RESPONSE TO REPRESENTATIONS BY THE COMMISSION , SABA HAS NOW AMENDED THE DISTRIBUTION AGREEMENT FOR SABA WHOLESALERS SO THAT GERMAN WHOLESALERS CAN UNDER CERTAIN CONDITIONS SUPPLY SABA PRODUCTS DIRECTLY TO THE FINAL CONSUMER ( SEE PARAGRAPH 15 ABOVE ) .
21 . EARLIER VERSIONS OF SABA'S AGREEMENTS FURTHER CONTAINED THE FOLLOWING CLAUSES PROHIBITED BY ARTICLE 85 ( 1 ) , WHICH SABA HAS ALSO DELETED IN RESPONSE TO COMMISSION REPRESENTATIONS :
( A ) SABA WHOLESALERS AND SPECIALIST RETAILERS IN THE FEDERAL REPUBLIC OF GERMANY AND WEST BERLIN AND SABA SOLE DISTRIBUTORS IN THE BENELUX COUNTRIES , AND THEIR CUSTOMERS , WERE PROHIBITED FROM EXPORTING SABA EQUIPMENT , DIRECTLY OR INDIRECTLY , TO OTHER EEC COUNTRIES . GERMAN SPECIALIST RETAILERS COULD NOT REIMPORT SABA EQUIPMENT . THE OBJECT AND EFFECT OF THESE PROHIBITIONS WAS TO INSULATE NATIONAL MARKETS WITHIN THE COMMUNITY .
( B ) IN RESPONSE TO REPRESENTATIONS BY THE COMMISSION SABA WITHDREW THE ABOVE RESTRICTIONS , BUT WITHOUT ABANDONING THE PRINCIPLE OF MARKET SEPARATION :
_ DURING THE PERIOD THAT RESALE PRICE MAINTENANCE WAS LAWFUL IN GERMANY ( I.E . UNTIL 31 DECEMBER 1973 ) SABA WHOLESALERS AND SPECIALIST RETAILERS IN GERMANY COULD SELL TO CUSTOMERS IN OTHER COMMUNITY COUNTRIES ONLY AT THE PRICE OBTAINING IN GERMANY ;
_ UNTIL 31 DECEMBER 1973 SABA SPECIALIST RETAILERS IN GERMANY HAD TO RESPECT THE PRICE OBTAINING IN GERMANY WHEN RESELLING SABA EQUIPMENT WHICH THEY HAD RE-IMPORTED FROM OTHER COMMUNITY COUNTRIES . SABA SOLE DISTRIBUTORS IN THE BENELUX COUNTRIES WERE ALSO OBLIGED TO OBSERVE THE GERMAN PRICE WHEN DELIVERING TO CUSTOMERS IN THE FEDERAL REPUBLIC OR WEST BERLIN , AND WERE PROHIBITED FROM SELLING TO DEALERS WHO DID NOT RESPECT THE FIXED PRICE ;
_ " CROSS SUPPLIES " ( I.E . BY WHOLESALER TO WHOLESALER OR RETAILER TO RETAILER ) AND " RETURN SUPPLIES " ( I.E . FROM RETAILER TO WHOLESALER ) WERE PROHIBITED :
_ SABA WHOLESALERS AND SOLE DISTRIBUTORS WERE PROHIBITED FROM SUPPLYING SABA PRODUCTS DIRECTLY TO THE CONSUMER .
( C ) TO BE A SABA SPECIALIST RETAILER IT WAS NECESSARY TO BE A RETAILER WHOSE TURNOVER WAS DERIVED PREDOMINANTLY FROM THE SALE OF RADIO , TELEVISION AND TAPERECORDING EQUIPMENT , OR OTHER ELECTRICAL APPARATUS . THIS MEANT IN PARTICULAR THAT THROUGHOUT THE COMMUNITY DEPARTMENTS STORES OF ALL KINDS , AND ALSO DISCOUNT STORES AND UNDERTAKINGS USING SIMILAR DISTRIBUTION TECHNIQUES , WERE WITHOUT OBJECTIVE JUSTIFICATION EXCLUDED FROM THE SUPPLY OF SABA PRODUCTS .
22 . THESE RESTRICTIONS DID NOT QUALIFY FOR EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE EEC TREATY . THEY MADE NO PERCEPTIBLE CONTRIBUTION TO IMPROVING THE PRODUCTION OR DISTRIBUTION OF GOODS SUCH AS WOULD OFFSET THEIR HARMFUL EFFECTS ON COMPETITION AND THE FREEDOM OF TRADE WITHIN THE COMMON MARKET , NOR DID THEY ALLOW THE CONSUMER A FAIR SHARE OF THE BENEFITS WHICH COULD RESULT FROM DISTRIBUTION AGREEMENTS . THE PROHIBITIONS AND RESTRICTIONS ON EXPORTING AND RE-IMPORTING PREVENTED SABA DEALERS AND CUSTOMERS FROM OBTAINING SABA EQUIPMENT ELSEWHERE IN