THE PARTIES TO MAKE THE BEST USE OF PRODUCTION CAPACITY AND TO RATIONALIZE THE DISTRIBUTION OF A PRODUCT WHICH HAS TO BE CONSUMED WITHIN A RELATIVELY SHORT PERIOD AND THE CONSUMPTION OF WHICH IS SUBJECT TO MARKED SEASONAL VARIATIONS . THE OBLIGATION TO COLLATE THEIR SALES FORECASTS ENABLES THE PARTIES TO PLAN FUTURE OUTPUT AND SALES OF THEIR PRODUCTS MORE PRECISELY AND FURTHER AHEAD AND TO CUT PRODUCTION , STORAGE AND MARKETING COSTS . BY ALLOWING A BETTER ADJUSTMENT OF PRODUCTION TO SALES , THE OBLIGATION TO COLLATE FORECASTS ALSO HELPS TO MAINTAIN OPTIMUM UTILIZATION OF THE PARTIES' RESPECTIVE PRODUCTION CAPACITY AND TO PAY OFF THE CONSIDERABLE INVESTMENT EACH OF THEM HAS COMMITTED TO CARLSBERG BEER IN THE UNITED KINGDOM MORE QUICKLY .
( 10 ) CONSUMERS ARE ALLOWED A FAIR SHARE OF THE BENEFITS RESULTING FROM THE ABOVEMENTIONED IMPROVEMENTS IN PRODUCTION AND DISTRIBUTION SINCE , BY MAKING POSSIBLE THE BREWING OF CARLSBERG BEERS IN THE UNITED KINGDOM , THE AGREEMENT ENSURES THAT SUPPLIES OF THE BEERS THERE ARE MORE PLENTIFUL , FRESHER AND ALSO CHEAPER BECAUSE OF THE SAVING OF THE CONSIDERABLE COST OF TRANSPORTING A HEAVY COMMODITY LIKE BEER OVER LARGE DISTANCES .
( 11 ) THE AGREEMENT DOES NOT ENTAIL ANY RESTRICTIONS WHICH ARE NOT INDISPENSABLE . IF THE RESTRICTIONS HAD NOT BEEN AGREED , THE ECONOMIC ADVANTAGES LISTED ABOVE WOULD NOT HAVE BEEN OBTAINED TO THE SAME EXTENT IN VIEW OF THE PECULIAR STRUCTURE OF THE BRITISH BEER MARKET AND THE ECONOMIC AND COMMERCIAL POSITION OF CARLSBERG LTD . THESE OBLIGATIONS DO NOT GO BEYOND WHAT IS STRICTLY NECESSARY , SINCE THE PARTIES HAVE AGREED TO DELETE THE RESTRICTIONS WHICH WERE NOT INDISPENSABLE . THEY ARE ALSO FREE TO SET THEIR OWN PRICES AND CONDITIONS OF SALE .
( 12 ) THE AGREEMENT DOES NOT AFFORD THE UNDERTAKINGS THE OPPORTUNITY OF ELIMINATING COMPETITION FOR A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION . THE VOLUME OF CARLSBERG LAGER WHICH GM IS COMMITTED TO PURCHASE FROM CARLSBERG EACH YEAR REPRESENTS AT PRESENT ABOUT ONE-THIRD OF GM'S TOTAL LAGER SALES , WHICH INCLUDE COMPETING LAGER BRANDS SUCH AS FOSTERS , HOLSTEN AND TOP BRASS AS WELL AS THE LAGER SUPPLIED BY CARLSBERG LTD AND THAT WHICH IT BREWS ITSELF UNDER LICENCE FROM CARLSBERG . THERE ARE A LARGE NUMBER OF COMPETING BRANDS OF LAGER ON THE BRITISH MARKET . OTHER LARGE BREWERIES OR BREWING GROUPS OPERATING ON THE MARKET HOLD MARKET SHARES IN THE LAGER SECTOR EQUAL TO OR LARGER THAN CARLSBERG'S , AS THE ABOVE TABLE SHOWS . CARLSBERG'S SHARE OF THE UK BEER MARKET OVERALL IS ONLY ABOUT 4 % . THE AGREEMENT DOES NOT , THEREFORE , HAVE THE EFFECT OF ELIMINATING COMPETITION FOR A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
( 13 ) ALL THE CONDITIONS LAID DOWN IN ARTICLE 85 ( 3 ) ARE CONSEQUENTLY FULFILLED .
C . ARTICLES 6 AND 8 OF REGULATION NO 17
( 14 ) ARTICLE 6 OF REGULATION NO 17 PROVIDES THAT WHENEVER THE COMMISSION