IS BEING IMPEDED UNJUSTIFIABLY BY THE SABA DISTRIBUTION SYSTEM AND WHETHER SABA IS RESTRICTING COMPETITION TO AN EXTENT GREATER THAN THAT ARISING FROM THE TERMS OF THE DISTRIBUTION AGREEMENTS , SUCH AS BY INFLUENCING THE FIXING OF RETAIL PRICES . YEARLY REPORTS ARE THEREFORE TO BE SUPPLIED BY SABA TO THE COMMISSION FROM THE DATE OF THE DECISION , SETTING OUT ANY CASES WHERE DEALERS ARE REFUSED APPOINTMENT AS A SABA DEALER OR WHERE SUCH APPOINTMENT IS WITHDRAWN , WHERE AGREEMENTS FOR SUPPLY ARE REFUSED OR SUPPLIES WITHHELD , OR WHERE SABA HAS REQUESTED INSPECTION OF A SABA DEALER'S REGISTER OF SERIAL NUMBERS . THE LEGAL BASIS FOR THESE OBLIGATIONS IS ARTICLE 8 ( 1 ) OF REGULATION N 17 .
V . APPLICABILITY OF ARTICLE 7 ( 1 ) OF REGULATION N 17
54 . THE STANDARD SOLE DISTRIBUTORSHIP AGREEMENT CONCLUDED WITH ETS FR . DRION ON 18 AND 24 NOVEMBER 1966 , REPLACING THE SOLE DISTRIBUTORSHIP AGREEMENT NOTIFIED BY DRION ON 28 JANUARY 1963 AND ESSENTIALLY IN THE SAME TERMS , SATISFIED THE REQUIREMENTS OF ARTICLE 7 ( 1 ) OF REGULATION N 17 . NEVERTHELESS IT WOULD BE UNJUSTIFIABLE TO GIVE EXEMPTION FROM THE PROHIBITION IN ARTICLE 85 ( 1 ) FOR ANY SPECIFIED PERIOD BEFORE 16 DECEMBER 1972 . EVEN AFTER THE COMMISSION HAD POINTED OUT IN ITS STATEMENT OF OBJECTIONS DATED 10 MARCH 1971 ; THAT :
_ THE OBLIGATION IMPOSED ON THE BELGIAN SOLE DISTRIBUTOR
TO OBTAIN THE APPROVAL OF SABA BEFORE SUPPLYING GERMAN RETAILERS AND TO SELL SABA PRODUCTS TO SUCH RETAILERS ONLY AT THE PRICES FIXED BY SABA , AND
TO REQUIRE ITS CUSTOMERS , WHEN SELLING PRODUCTS TO THE CONSUMER IN GERMANY , TO OBSERVE THE PRICE FIXED THERE BY SABA AND , WHEN SUPPLYING GERMAN RETAILERS , TO OBTAIN PRIOR APPROVAL FROM SABA ; AND
_ THE SPECIALIST TRADING AGREEMENTS , WHICH PREVENTED CERTAIN TYPES OF RETAILER FROM OBTAINING SUPPLIES ,
WERE PROHIBITED BY ARTICLE 85 ( 1 ) AND THAT THE REQUIREMENTS FOR EXEMPTION UNDER ARTICLE 85 ( 3 ) WERE NOT SATISFIED , THE UNDERTAKINGS IN QUESTION NEVERTHELESS MAINTAINED THE RESTRAINTS ON COMPETITION UNTIL 15 DECEMBER 1972 .
55 . THE OTHER AGREEMENTS UNDER THE SABA DISTRIBUTION ARRANGEMENTS DO NOT SATISFY THE REQUIREMENTS OF ARTICLE 7 ( 1 ) OF REGULATION N 17 , IN THAT :
_ THE AGREEMENT FOR SABA WHOLESALERS IN THE EEC ( 1972 EDITION ) ,
_ THE STANDARD SOLE DISTRIBUTORSHIP AGREEMENT ( 1966/67 VERSION ) AND
_ THE DISTRIBUTION AGREEMENT ( 1965 EDITION ) ,
_ THE MODEL COOPERATION AGREEMENT ( EDITION OF 2 JANUARY 1974 ) ,
_ THE AGREEMENT FOR SABA SPECIALIST RETAILERS IN THE EEC ( 1972 EDITION )
AND
_ THE CONDITIONS OF SALE FOR THE DOMESTIC MARKET ( EDITION OF MAY 1962 )
BECOME APPLICABLE ONLY AFTER REGULATION N 17 ENTERED INTO FORCE , WHILE THE STANDARD SOLE DISTRIBUTORSHIP AGREEMENTS CONCLUDED WITH
_ A . LOSCHETTER ET FILS AND
_ SABA NEDERLAND NV
WERE NOTIFIED ONLY AFTER