TO PURCHASE FROM THE COOPERATIVE ALL THE RENNET AND COLOURING AGENTS FOR CHEESE WHICH THEY NEED , AND WHICH REINFORCE THAT OBLIGATION BY STIPULATING THE PAYMENT OF A NOT INCONSIDERABLE SUM IN THE EVENT OF RESIGNATION OR EXPULSION , HAVE CLEARLY AS THEIR OBJECT TO PREVENT MEMBERS FROM OBTAINING SUPPLIES FROM OTHER SUPPLIERS OF RENNET OR COLOURING AGENTS OR FROM MAKING THEM THEMSELVES SHOULD THOSE ALTERNATIVES OFFER ADVANTAGES FROM THE POINT OF VIEW OF QUALITY OR PRICE . SINCE , ACCORDING TO INFORMATION WHICH HAS NOT BEEN CHALLENGED , THE MEMBERS NOW ACCOUNT FOR MORE THAN 90% OF NETHERLANDS CHEESE OUTPUT , THOSE PROVISIONS IN ADDITION CONTRIBUTE TO MAINTAINING THE PRESENT SITUATION , IN WHICH THE COOPERATIVE IS VIRTUALLY THE ONLY SUPPLIER OF RENNET ON THE NETHERLANDS MARKET .
13 THOSE PROVISIONS ARE THUS OF SUCH A NATURE AS TO PREVENT COMPETITION , AT THE LEVEL OF THE SUPPLY OF RENNET AND COLOURING AGENTS FOR CHEESE , BETWEEN PRODUCERS HOLDING A LARGE PART OF THE COMMUNITY MARKET IN CHEESE , AND ALSO TEND TO RULE OUT THE POSSIBILITY OF CREATING A COMPETITIVE SITUATION ON THE WHOLE OF THE NETHERLANDS MARKET IN THESE ANCILLARY SUBSTANCES WHICH ARE INDISPENSABLE IN THE MAKING OF CHEESE . IN THE CIRCUMSTANCES , THERE IS NO NEED TO EXAMINE THE QUESTION WHETHER OTHER FACTORS HELP TO MAINTAIN THE COOPERATIVE ' S DOMINANT POSITION ON THE RELEVANT MARKET AND WHETHER SUCH FACTORS ARE SUFFICIENT TO CONSOLIDATE THAT POSITION , EVEN IN THE ABSENCE OF THE AFORESAID PROVISIONS .
14 IN ORDER TO DETERMINE WHETHER THE AGREEMENT IS CONTRARY TO ARTICLE 85 ( 1 ) IT IS ALSO NECESSARY TO CONSIDER WHETHER IT IS LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES , THAT IS TO SAY WHETHER , ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT , IT IS POSSIBLE TO FORESEE 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 , THUS RENDERING MORE DIFFICULT THE INTERPENETRATION OF TRADE WHICH THE TREATY IS INTENDED TO CREATE .
15 IT EMERGES FROM INFORMATION SUPPLIED BY THE COMMISSION THAT THERE IS ALREADY TRADE IN ANIMAL RENNET AND COLOURING AGENTS BETWEEN MEMBER STATES AND NO MENTION HAS BEEN MADE OF TECHNICAL OR ECONOMIC DIFFICULTIES STANDING IN THE WAY OF THE EXPANSION OF SUCH TRADE . ON THE OTHER HAND , BEARING IN MIND THE ECONOMIC CONTEXT TO WHICH THEY BELONG , THE OBLIGATIONS CONTAINED IN THE RULES OF THE COOPERATIVE ARE PRECISELY OF SUCH A NATURE AS TO REINFORCE THE PARTITIONING OF MARKETS ON A NATIONAL BASIS , THEREBY HOLDING UP THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT .
16 THE COOPERATIVE ' S FIRST FOUR SUBMISSIONS SHOULD THEREFORE BE REJECTED .
ARTICLE 85 ( 3 )
17 THE COOPERATIVE ' S SIXTH AND SEVENTH SUBMISSIONS ARE TO THE EFFECT THAT NOT ONLY ARE THE FIRST TWO CONDITIONS OF ARTICLE 85 ( 3 ) OF THE