OBSERVE THE BAN ON RESALE OF MANUFACTURED TOBACCO PRODUCTS ON THE ONE HAND TO WHOLESALERS TO WHOM THE MANUFACTURERS HAD ALREADY ALLOCATED A QUOTA AND TO FOOD WHOLESALERS AND OTHER WHOLESALERS NOT DIRECTLY SUPPLIED BY MANUFACTURERS , WHERE THE PRODUCTS CONCERNED WERE FOR RESALE TO RETAILERS AND ON THE OTHER HAND TO RETAILERS WHERE THE DELIVERY WAS MANIFESTLY NOT INTENDED TO BE SOLD TO THE RETAILER ' S NORMAL CUSTOMERS . THAT BAN REINFORCED THE TERMS OF THE NOTICE OF 22 MARCH 1972 REFERRED TO ABOVE WHICH THE FNCG HAD SENT TO ITS MEMBERS AND WHICH , AS REGARDS THE WHOLESALERS REFERRED TO ABOVE , WAS TO THE SAME EFFECT .
161 IT IS APPARENT FROM THE ACTUAL SUBSTANCE OF THE MEASURES DESCRIBED ABOVE THAT THEIR AIM WAS ESSENTIALLY TO PREVENT COMPETITION FROM ARISING BETWEEN THE MANUFACTURING AND IMPORTING MEMBERS OF FEDETAB WITH REGARD TO THE RESALE PRICES OF THEIR PRODUCTS BOTH AT THE WHOLESALE LEVEL AND , AT LEAST BEFORE 1 JANUARY 1971 WHEN ARTICLE 58 OF THE VAT CODE ENTERED INTO FORCE , AT THE RETAIL LEVEL .
162 RULES WHICH HAVE AS THEIR OBJECT SUCH A GENERAL AND SYSTEMATIC RESTRICTION ON COMPETITION UNDOUBTEDLY FALL WITHIN THE PROHIBITION OF ARTICLE 85 ( 1 ) OF THE TREATY PROVIDED THEY ARE ALSO LIKELY TO HAVE A SIGNIFICANT EFFECT UPON TRADE BETWEEN MEMBER STATES .
163 AS REGARDS THE OBLIGATION IMPOSED ON A LIMITED NUMBER OF RETAILERS CONTAINED IN THE MEASURES PRIOR TO THE RECOMMENDATION TO STOCK A MINIMUM RANGE OF 60 BRANDS OF CIGARETTES WHICH WAS ENFORCED AGAINST CERTAIN UNDERTAKINGS INCLUDINGS GB BY THE INTERRUPTION OF SUPPLIES , THE COMMISSION CRITICIZES THAT MEASURE ( IN PARAGRAPH 87 OF THE DECISION ) FOR PREVENTING RETAILERS FROM PUSHING THE SALE OF CERTAIN BRANDS TO THE DETRIMENT OF OTHERS AND FORCING THEM TO TIE UP PART OF THEIR WORKING CAPITAL IN STOCKS OF VARIOUS SLOW-MOVING BRANDS .
164 IN VIEW HOWEVER OF THE FACT , AS HAS ALREADY BEEN OBSERVED , THAT IN SO FAR AS THE PREVIOUS MEASURES RELATED TO TRADE MARGINS , TERMS OF PAYMENT AND OBSERVANCE OF PRICES FIXED BY THE MANUFACTURERS AND IMPORTERS , THEY ESSENTIALLY AND IN PRINCIPLE FALL UNDER THE PROHIBITION OF ARTICLE 85 ( 1 ), IT IS NOT NECESSARY TO DECLARE SEPARATELY WHETHER THE OBLIGATION IMPOSED ON CERTAIN RETAILERS PRIOR TO 1 DECEMBER 1975 TO STOCK A MINIMUM RANGE OF BRANDS WAS COMPATIBLE WITH THAT ARTICLE .
4 . EFFECT UPON TRADE BETWEEN MEMBER STATES
165 IT REMAINS TO CONSIDER WHETHER THE ABOVE RESTRICTIONS ARE ALSO LIKELY TO HAVE A SIGNIFICANT EFFECT UPON TRADE BETWEEN MEMBER STATES . ONLY IF THAT IS SO DO THE SAID RESTRICTIONS FALL WITHIN THE PROHIBITION OF ARTICLE 85 ( 1 ).
166 THE COMMISSION ALLEGES IN THE CONTESTED DECISION THAT THE MEASURES PRIOR TO THE RECOMMENDATION WERE LIKELY TO AFFECT TRADE BETWEEN MEMBER STATES BECAUSE CERTAIN MANUFACTURING MEMBERS OF FEDETAB WERE RESPONSIBLE FOR A VERY SUBSTANTIAL PART OF THE MANUFACTURED TOBACCO IMPORTED INTO BELGIUM AND DISTRIBUTED IT ON