ABOVE-MENTIONED NATIONAL AGREEMENT AND , MORE PARTICULARLY , ON THOSE OF ARTICLE 2 IN ORDER TO HAVE THE APPLICATION DISMISSED .
10 FOR THOSE REASONS , THE OBJECTION RAISED BY THE DEFENDANTS IN THE MAIN ACTION MUST BE DISMISSED .
SUBSTANCE
11 THE PURPOSE OF THE FIRST AND THIRD QUESTIONS SUBMITTED BY THE NATIONAL COURT IS , IN THE FIRST PLACE , TO ESTABLISH WHETHER THE TERMS OF AN AGREEMENT , WHICH IS NATIONAL IN ITS SCOPE , AND WHICH RESTRICTS THE SUPPLY OF NEWSPAPERS AND PERIODICALS MERELY TO RETAILERS APPROVED BY A TRADE BODY COMPRISING THE REPRESENTATIVES OF THE NATIONAL NEWSPAPER PUBLISHERS ' AND NEWSAGENTS ' ASSOCIATIONS , CONSTITUTE AN INFRINGEMENT OF THE RULES OF COMPETITION UNDER ARTICLE 85 OF THE EEC TREATY .
12 ACCORDING TO THAT ARTICLE , AN AGREEMENT WHICH ' ' MAY AFFECT TRADE BETWEEN MEMBER STATES ' ' AND WHICH HAS AS ITS ' ' OBJECT OR EFFECT ' ' TO HARM ' ' COMPETITION WITHIN THE COMMON MARKET ' ' IS PROHIBITED AS INCOMPATIBLE WITH THE COMMON MARKET . THIS APPLIES TO AN AGREEMENT WHICH , AS THE COURT STATED IN ITS JUDGMENT OF 6 MAY 1971 IN CASE 1/71 CADILLON ( 1971 ) ECR 351 , MAKES IT POSSIBLE TO FORESEE , ON THE BASIS OF ALL THE OBJECTIVE FACTORS OF LAW OR OF FACT , WITH A SUFFICIENT DEGREE OF PROBABILITY THAT IT MAY HAVE AN INFLUENCE , DIRECT OR INDIRECT , ACTUAL OR POTENTIAL , ON THE PATTERN OF TRADE BETWEEN MEMBER STATES IN SUCH A WAY THAT IT MIGHT HINDER THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN STATES AND WHICH HAS AS ITS OBJECT OR EFFECT THE RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET .
13 IN THE PRESENT CASE , THE AGREEMENT REFERRED TO BY THE NATIONAL COURT PROVIDES FOR THE EXCLUSIVE DISTRIBUTION IN ITALY OF ITALIAN NEWSPAPERS AND PERIODICALS AND INVOLVES , INTER ALIA , THE APPLICATION OF A SELECTIVE DISTRIBUTION CLAUSE CONTAINED IN ARTICLE 2 WHEREBY ONLY APPROVED RETAILERS HAVE ACCESS TO THE SUPPLY OF NEWSPAPERS AND PERIODICALS .
14 SUCH AN AGREEMENT , WHICH EXTENDS THROUGHOUT THE TERRITORY OF A MEMBER STATE MAY BY ITS VERY NATURE HAVE THE EFFECT OF REINFORCING THE PARTITIONING OF THE MARKET ON A NATIONAL BASIS , THEREBY IMPEDING THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTING NATIONAL PRODUCTION .
15 ALTHOUGH IT IS TRUE THAT IN THE PRESENT CASE THE SOLE SUBJECT-MATTER OF THE AGREEMENT IN QUESTION IS THE DISTRIBUTION OF NATIONAL NEWSPAPERS AND PERIODICALS AND THAT THE AGREEMENT IS NOT CONCERNED WITH THE DISTRIBUTION OF NEWSPAPERS AND PERIODICALS FROM OTHER MEMBER STATES , THE FACT REMAINS THAT A CLOSED-CIRCUIT DISTRIBUTION SYSTEM APPLYING TO MOST OF THE SALES OUTLETS FOR NEWSPAPERS AND PERIODICALS ON NATIONAL TERRITORY MAY ALSO HAVE REPERCUSSIONS ON THE DISTRIBUTION OF NEWSPAPERS AND PERIODICALS FROM OTHER MEMBER STATES .
16 HAVING REGARD TO THESE FACTORS THEREFORE , IT IS IMPOSSIBLE TO RULE OUT IN PRINCIPLE THE