TO RESTRICT COMPETITION .
26 ANSEAU AND MIELE ALSO CONTEND THAT , CONTRARY TO THE FINDINGS SET OUT IN THE DECISION , THE AGREEMENTS HAD NO RESTRICTIVE EFFECT ON COMPETITION .
27 IT IS CLEAR FROM THE FOREGOING CONSIDERATIONS THAT THE AGREEMENT IS OF SUCH A KIND AS TO MAKE PARALLEL IMPORTS OF WASHING MACHINES AND DISHWASHERS MORE DIFFICULT , IF NOT IMPOSSIBLE , AND THAT IT IS THEREFORE CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES . IN VIEW OF THE FACT THAT , ACCORDING TO THE OBSERVATIONS SUBMITTED IN THESE PROCEEDINGS , SIGNATORY UNDERTAKINGS ' SHARE OF THE MARKET IS APPROXIMATELY 90% AND IS THEREFORE VERY CONSIDERABLE , THE CONCLUSION MUST BE DRAWN THAT THE AGREEMENT HAD A RESTRICTIVE EFFECT ON COMPETITION .
28 IT ALSO FOLLOWS FROM THOSE CONSIDERATIONS THAT , CONTRARY TO THE OBJECTIONS RAISED BY ANSEAU , THE AGREEMENT AFFECTS INTRA-COMMUNITY TRADE TO AN EXTENT WHICH MUST BE REGARDED AS APPRECIABLE .
29 THIS GROUP OF SUBMISSIONS MUST THEREFORE ALSO BE DISMISSED .
NON-APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY
30 ALL THE APPLICANTS CONTEND THAT THE COMMISSION WAS NOT ENTITLED TO REFUSE TO APPLY ARTICLE 85 ( 3 ) OF THE TREATY ON THE GROUND THAT THE AGREEMENT HAD NOT BEEN NOTIFIED IN ACCORDANCE WITH ARTICLE 4 ( 1 ) OF REGULATION NO 17 . IN SUPPORT OF THAT SUBMISSION , THEY CLAIM THAT THE AGREEMENT WAS EXEMPT FROM THE REQUIREMENT OF NOTIFICATION , PURSUANT TO ARTICLE 4 ( 2 ) OF THAT REGULATION , ON THE GROUND THAT IT WAS PURELY A NATIONAL AGREEMENT TO WHICH ONLY UNDERTAKINGS FROM ONE MEMBER STATE WERE PARTIES AND WHICH , FURTHERMORE , DID NOT RELATE EITHER TO IMPORTS OR TO EXPORTS BETWEEN MEMBER STATES .
31 IN THE COMMISSION ' S VIEW , THE LAST-MENTIONED CONDITION MUST BE INTERPRETED BY REFERENCE TO THE PURPOSE OF THE PROVISION IN QUESTION , NAMELY THE SIMPLIFICATION OF ADMINISTRATIVE FORMALITIES IN THE CASE OF AGREEMENTS , DECISIONS AND CONCERTED PRACTICES WHICH ARE LESS HARMFUL FROM THE POINT OF VIEW OF THE OBJECTIVES OF ARTICLE 85 OF THE TREATY . THAT DOES NOT APPLY IN THE CASE OF THE AGREEMENT SINCE ITS PURPOSE IS TO ELIMINATE PARALLEL IMPORTS . FURTHERMORE , THE COMMISSION DENIES THAT THE AGREEMENT IS EXCLUSIVELY NATIONAL IN CHARACTER , IN VIEW OF THE FACT THAT ONE OF THE PARTIES THERETO IS A COMPANY INCORPORATED UNDER GERMAN LAW , BBC HAUSGERATE GMBH , WHICH HAS ONLY ONE DEPENDENT SUBSIDIARY IN BELGIUM .
32 IT MUST BE STATED THAT , ACCORDING TO ARTICLE 4 ( 1 ) OF REGULATION NO 17 , AGREEMENTS WHICH COME INTO EXISTENCE AFTER THE ENTRY INTO FORCE OF THE REGU LATION AND IN RESPECT OF WHICH THE PARTIES SEEK TO RELY ON THE PROVISIONS OF ARTICLE 85 ( 3 ) MUST BE NOTIFIED TO THE COMMISSION FAILING WHICH NO DECISION IN APPLICATION OF THAT ARTICLE MAY BE TAKEN . HOWEVER , ARTICLE 4 ( 2 ) OF THE REGULATION EXEMPTS AGREEMENTS FROM