ALL AGREEMENTS BETWEEN UNDERTAKINGS , DECISIONS OF ASSOCIATIONS OF UNDERTAKINGS AND CONCERTED PRACTICES WHICH MAY AFFECT TRADE BETWEEN MEMBER STATES AND WHICH HAVE AS THEIR OBJECT OR EFFECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET .
1 . THE BPICA REGULATIONS CONSTITUTE A DECISION BY AN ASSOCIATION OF ASSOCIATIONS OF UNDERTAKINGS , IN THAT BPICA REPRESENTS THE NATIONAL FEDERATIONS , WHICH IN THEIR TURN REPRESENT THE MANUFACTURERS , ASSEMBLERS OR IMPORTERS OF MOTOR VEHICLES .
2 . THE BPICA REGULATIONS CURRENTLY IN OPERATION EXTENDED SOLELY TO INTERNATIONAL EXHIBITIONS HELD IN EUROPE AND CONTAIN THE FOLLOWING PROVISIONS WHICH HAVE THE OBJECT OR EFFECT OF RESTRICTING COMPETITION WITHIN THE COMMON MARKET :
- THE MANUFACTURERS OF MOTOR VEHICLES AND , THROUGH THEM , THEIR REPRESENTATIVES ARE PROHIBITED FROM TAKING PART IN INTERNATIONAL EXHIBITIONS AND FAIRS WHICH ARE NOT IN THE BPICA CALENDAR ;
- THE AUTHOR OF AN INFRINGEMENT MAY BE GIVEN A LESS FAVOURABLE OR REDUCED STAND AT THE MOTOR SHOWN IN THE COUNTRY WHERE THE BREACH WAS COMMITTED .
3 . THESE PROVISIONS CAUSE THE FOLLOWING RESTRICTIONS ON COMPETITION WITHIN THE COMMON MARKET :
- AS REGARDS THE ORGANIZATION OF FAIRS AND EXHIBITIONS , THE FACT THAT MOTOR SHOWS AND INTERNATIONAL SPECIALIZED EXHIBITIONS AUTHORIZED BY BPICA ARE ATTENDED BY MOST IF NOT ALL MOTOR VEHICLE MANUFACTURERS IN THE COMMUNITY AND ELSEWHERE AND BY THEIR REPRESENTATIVES MEANS THAT OTHER INTERNATIONAL FAIRS AND EXHIBITIONS CANNOT DISPLAY MOTOR VEHICLES AS A MEANS OF ATTRACTING VISITORS . THE RESULT IS A RESTRICTION OF COMPETITION IN A SERVICE INDUSTRY , NAMELY THE ORGANIZATION OF FAIRS AND EXHIBITIONS .
- COMPETITION BETWEEN MOTOR MANUFACTURERS IS ALSO RESTRICTED FOR THEY ARE CONFINED TO EVENTS AUTHORIZED BY THE BPICA . WHILE IT IS TRUE THAT SUCH EVENTS , AND ESPECIALLY MOTOR SHOWS , ARE IMPORTANT ENOUGH FOR THE MANUFACTURERS TO REGARD PARTICIPATION AS ESSENTIAL , THE FACT REMAINS THAT THEY CANNOT DISPLAY THEIR VEHICLES AT OTHER INTERNATIONAL FAIRS OR EXHIBITIONS .
- COMPETITION BETWEEN INTERMEDIARIES IN THE MOTOR INDUSTRY IS ALSO RESTRICTED , FOR THEY CANNOT TAKE PART IN ANY INTERNATIONAL EVENT WHICH IS NOT AUTHORIZED BY BPICA , EVEN THOUGH IT WOULD BE ADVANTAGEOUS FOR THEM TO DISPLAY THEIR VEHICLES AT LEAST AT THOSE EVENTS WHICH TAKE PLACE IN THEIR AREA OF ACTIVITY .
4 . THESE RESTRICTIONS OF COMPETITION ARE LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES , FOR ON THE ONE HAND THE ORGANIZERS OF INTERNATIONAL FAIRS AND EXHIBITIONS NOT AUTHORIZED BY BPICA CANNOT DISPLAY MOTOR VEHICLES AS A MEANS OF ATTRACTING VISITORS AND , ON THE OTHER HAND , THE MOTOR MANUFACTURERS AND THEIR COMMERCIAL INTERMEDIARIES CANNOT FREELY EXERCISE THEIR ADVERTISING AND SALES ACTIVITY BY TAKING PART IN SUCH FAIRS AND EXHIBITIONS .
THESE OBSTACLES TO TRADE IN SERVICES BY ORGANIZERS OF FAIRS AND EXHIBITIONS AND TO DEALINGS IN MOTOR VEHICLES BETWEEN EEC COUNTRIES ARE LIABLE TO JEOPARDIZE FREEDOM OF TRADE BETWEEN MEMBER STATES AND TO IMPEDE THE OBJECTIVE OF CREATING A SINGLE MARKET FOR ALL THOSE STATES .