OF THE PRODUCTS COVERED BY THE AGREEMENT WITHIN THE EEC , BUT TO MAINTAIN AN ADEQUATE STOCK OF SUCH PRODUCTS AND TO PROVIDE SATISFACTORY TECHNICAL SERVICE , THAT THE PRODUCTS OF DURO-DYNE ARE ABLE TO BE COMPETITIVE IN THE MARKET .
IN ADDITION , BY CHANNELLING THROUGH EUROPAIR THE IMPORT INTO THE EEC OF A LARGE RANGE OF FAIRLY LOW-PRICED PRODUCTS FROM A RELATIVELY DISTANT THIRD COUNTRY , THE AGREEMENT ENABLES IMPORT FORMALITIES TO BE STREAMLINED AND THE INCIDENCE OF TRANSPORT COSTS ON UNIT PRICES TO BE REDUCED .
FINALLY , SINCE THE AGREEMENT IN QUESTION RELATES TO PRODUCTS WHICH COMPLEMENT AND SUPPLEMENT THOSE OF EUROPAIR'S OWN MANUFACTURE , THE LATTER IS THUS IN A POSITION TO OFFER A GREATER SELECTION OF HEATING AND AIR-CONDITIONING COMPONENTS TO CONSUMERS WITHIN THE COMMON MARKET .
IT CAN , THEREFORE , PROPERLY BE CONCLUDED FROM THE FOREGOING APPRAISAL OF THE FACTS THAT THE EXISTENCE OF THE EXCLUSIVE DEALING AGREEMENT BETWEEN DURO-DYNE AND EUROPAIR PRODUCES A BETTER SYSTEM OF DISTRIBUTION THAN WOULD OTHERWISE BE THE CASE IF THERE WERE NO AGREEMENT FOR EXCLUSIVE DEALING .
2 . THE AGREEMENT ALLOWS CONSUMERS A FAIR SHARE OF THE RESULTING BENEFIT . GIVEN THE PRESSURE OF COMPETITION BOTH ON THE MARKETS IN THE VARIOUS COMPONENTS CONCERNED AND ON THE MARKET IN THE WHOLE RANGE OF PRODUCTS , EUROPAIR MUST PASS ON THE ADVANTAGES DESCRIBED ABOVE IN THE TERMS IT OFFERS TO ITS OWN DEALERS IN THE MEMBER STATES OF THE EEC .
EACH OF THESE DEALERS MUST IN TURN TAKE INTO ACCOUNT IN ITS SALES POLICY NOT ONLY THE COMPETITION OF SIMILAR PRODUCTS TO THOSE OF DURO-DYNE BUT ALSO , SINCE THERE IS NO EXPORT PROHIBITION IN THE SUB-DISTRIBUTION CONTRACTS , THE COMPETITION OF DURO-DYNE PRODUCTS COMING DIRECTLY OR INDIRECTLY FROM OTHER EUROPAIR DEALERS . IT IS , THEREFORE , IN THE INTEREST OF DEALERS TO OFFER THE PRODUCTS CONCERNED TO CONSUMERS ON THE MOST FAVOURABLE TERMS .
3 . THE ADVANTAGES INDICATED IN POINT 1 OF THIS SECTION COULD ONLY BE OBTAINED AT THE PRICE OF A RESTRICTION OF COMPETITION , THAT IS BY THE GRANT TO EUROPAIR OF EXCLUSIVE RIGHTS IN RESPECT OF THE WHOLE TERRITORY OF THE EEC . THE COMMISSION BELIEVES , ON THE FACTS AVAILABLE , THAT IN THE PRESENT CASE THE IMPROVEMENT OF DISTRIBUTION COULD NOT BE AS WELL ACHIEVED BY ANY OTHER SALES SYSTEM .
THE AGREEMENT NOTIFIED DOES NOT CONTAIN ANY OTHER RESTRICTIONS OF COMPETITION .
4 . DURO-DYNE PRODUCTS ARE IN DIRECT COMPETITION WITH COMPARABLE PRODUCTS OFFERED FOR SALE IN THE COMMON MARKET BY A NUMBER OF OTHER UNDERTAKINGS . MOREOVER , EUROPAIR , AS PRINCIPAL EXCLUSIVE DISTRIBUTOR , DOES NOT ENJOY ABSOLUTE TERRITORIAL PROTECTION . IN PARTICULAR , DURO-DYNE HAS NOT UNDERTAKEN TO REFRAIN FROM MAKING INDIRECT DELIVERIES TO THE AREA COVERED BY THE AGREEMENT ; THUS UNDERTAKINGS OTHER THAN EUROPAIR MAY ACQUIRE THE PRODUCTS COVERED BY THE AGREEMENT THROUGH DEALERS OTHER THAN DURO-DYNE SITUATED OUTSIDE THE TERRITORY ;
FURTHERMORE , COMPETITION IS MAINTAINED AT THE FINAL