REGISTERS GIVING SERIAL NUMBERS OF ARTICLES RESOLD . APPROVED RETAILERS AND AEG ARE PROHIBITED FROM SUPPLYING THE RELEVANT GOODS TO DEALERS WHO ARE NOT SUBJECT TO THE DISTRIBUTION AGREEMENT . WHEN NOTIFYING ITS DISTRIBUTION AGREEMENT , AEG POINTED OUT THAT EVERY SPECIALIST DEALER WHO SATISFIES THE CONDITIONS OF THE EUROPEAN COMMUNITY AGREEMENT IS ADMITTED TO THE AEG DISTRIBUTION SYSTEM .
( 7 ) THE DIRECTOR-GENERAL FOR COMPETITION INFORMED AEG , BY LETTER DATED 17 MAY 1976 , THAT AT THAT TIME HE HAD NO OBJECTIONS UNDER ARTICLE 85 ( 1 ) OF THE EEC TREATY TO THE WORDING OF THE " EUROPEAN COMMUNITY AGREEMENT " SUBMITTED WITH A LETTER DATED 16 MARCH 1976 .
HAVING REGARD TO THE KNOWLEDGE NOW GAINED BY THE COMMISSION IT IS INTENDED TO LEAVE OPEN THE QUESTION AS TO WHETHER THE COMMISSION WILL MAINTAIN THIS OPINION IN THE FUTURE . THIS QUESTION DOES NOT ARISE FOR CONSIDERATION IN THIS DECISION , WHICH IS CONCERNED ONLY WITH THE PRACTICAL APPLICATION OF THE AEG DISTRIBUTION SYSTEM .
III . ACTUAL IMPLEMENTATION OF THE DISTRIBUTION SYSTEM
THE INTRODUCTORY PHASE
( 8 ) THE ACTUAL INTRODUCTION AND IMPLEMENTATION OF THE DISTRIBUTION SYSTEM IN THE COMMUNITY TOOK SEVERAL YEARS .
A TFR MEMO DATED 7 SEPTEMBER 1973 STATES THAT THE OBJECT OF THE DISTRIBUTION AGREEMENT IS TO ENSURE THAT THE TRADE HAS A " MINIMUM PROFIT MARGIN " . IT CONTINUES THAT THERE ARE TWO POSSIBLE WAYS OF ENSURING THIS : " EITHER THE INDUSTRY SUPPLIES THESE PRODUCTS AT PRICES WHICH GUARANTEE THE TRADE ITS MARGIN OR THE INDUSTRY MAKES SURE THAT THE GOODS DO NOT FLOW INTO CHANNELS WHICH DO NOT NEED THIS HIGH MARGIN . THESE CHANNELS ARE CASH-AND-CARRY STORES WHICH DISRUPT PRICE LEVELS ... " .
( 9 ) IN A LETTER DATED 22 SEPTEMBER 1975 FROM THE MUENSTER SALES OFFICE TO TFR IT WAS POINTED OUT THAT THE DISTRIBUTION AGREEMENT WAS BEING USED TO TRY " TO EXCLUDE THE CUSTOMERS IN QUESTION ( 4 ) " , AND THIS DESPITE THE FURTHER STATEMENT THAT " THERE SEEMS TO BE A TREND TOWARDS SPECIALIZED DEPARTMENTS EVEN IN DISCOUNT STORES " .
( 10 ) A TFR INTERNAL MEMO DATED 5 JULY 1976 CONCERNING FUTURE AEG MARKETING POLICY DESCRIBES THE " CURRENT DISTRIBUTION POLICY " AS ONE IN WHICH THE GOODS COVERED BY THE DISTRIBUTION AGREEMENT " ARE SOLD ONLY THROUGH THE TRADITIONAL SPECIALIST WHOLESALE AND RETAIL TRADE ( 5 ) " .
( 11 ) IN THE " GUIDELINES ON THE DISTRIBUTION AGREEMENT " ( TFR SPECIAL MEMO NO 44 ) , WHICH WERE ISSUED ON 8 OCTOBER 1973 AND WHICH THE AEG SUBMITTED TO THE COMMISSION IN CONNECTION WITH THIS PROCEEDING , IT IS POINTED OUT THAT IN THE CASE OF CHAIN STORES " SOME BRANCHES OF CHAIN STORES MAY ( CARRY OUT ) ALL THE REQUIRED SPECIALIST TRADE FUNCTIONS , BUT NOT THE WHOLE UNDERTAKING " . THE GUIDELINES GO ON TO SAY THAT " SUPPLIES ( SHOULD ) THEORETICALLY BE REFUSED EVEN HERE "