MARKETING THEIR PRODUCTS . IN ADDITION , ITALIAN MANUFACTURERS CANNOT , DURING THE PERIOD OF PROHIBITION , EXHIBIT THEIR PRODUCTS AT EXHIBITIONS IN ITALY HELD BY ASSOCIATIONS IN THE SECTOR OF DENTAL PRODUCTS FROM OTHER MEMBER STATES , WHICH DEPRIVES THE ITALIAN MANUFACTURERS OF THE OPPORTUNITY OF BRINGING THESE PRODUCTS TO THE ATTENTION OF POTENTIAL CUSTOMERS IN OTHER COMMON MARKET COUNTRIES .
THESE RESTRICTIONS THEREFORE COULD PREJUDICE THE FREEDOM OF TRADE BETWEEN MEMBER STATES TO SUCH AN EXTENT THAT THE ATTAINMENT OF A SINGLE MARKET BETWEEN THE MEMBER STATES MIGHT BE JEOPARDIZED .
7 . ACCORDINGLY , ARTICLE 85 ( 1 ) IS APPLICABLE TO THE UNIDI DECISION AND THE APPLICATION FOR NEGATIVE CLEARANCE CANNOT , THEREFORE , BE GRANTED .
III
1 . THE UNIDI DECISION MUST THEREFORE BE CONSIDERED WITH REGARD TO THE PROVISIONS OF ARTICLE 85 ( 3 ) .
2 . THE FACT THAT IT HAS BECOME NECESSARY TO RATIONALIZE THE ORGANIZATION OF AND PARTICIPATION IN FAIRS AND EXHIBITIONS , AS ALREADY NOTED BY THE COMMISSION IN A NUMBER OF OTHER INDUSTRIES ( 2 ) , HAS CAUSED EXHIBITIONS OF DENTAL EQUIPMENT , IN PARTICULAR , TO BECOME CONCENTRATED , IF NOT AT COMMUNITY LEVEL ( 3 ) , AT LEAST AT NATIONAL LEVEL , AS IN THIS CASE IN ITALY . THIS HAS THE FOLLOWING ADVANTAGES :
A ) BY DISPLAYING TOGETHER MOST OF THE PRODUCTS AVAILABLE ON THE ITALIAN MARKET AT ONE TIME , COMPETITION BETWEEN MANUFACTURERS IS STIMULATED AND INCENTIVES FOR TECHNICAL PROGRESS ARISE . IT ALSO MEANS THAT NOT ONLY CAN CONSUMERS , IN THIS CASE THE DENTAL PROFESSION , HAVE A MORE COMPLETE RANGE OF INFORMATION AND GUIDANCE , BUT ALSO MORE BUSINESS CAN BE DONE ;
B ) IT PROMOTES THE MARKETING OF THE PRODUCTS IN THAT , NINE MONTHS OUT OF 18 , THE COSTS BORNE BY EXHIBITORS ARE REDUCED AND CONSEQUENTLY THE COST PRICE OF THEIR PRODUCTS , WHILE FOR THE OTHER NINE MONTHS THEY ARE FREE TO EXHIBIT THEIR PRODUCTS AS THEY WISH .
ACCORDINGLY THE DECISION CONTRIBUTES TO IMPROVING THE DISTRIBUTION OF GOODS AND TO PROMOTING ECONOMIC PROGRESS .
3 . CONSUMERS ARE ALLOWED A FAIR SHARE OF THE RESULTING BENEFIT . THE PERIODIC CONCENTRATION OF SUPPLIES IN A SINGLE ITALIAN CITY , WHICH IS NOT ALWAYS THE SAME , GIVES CONSUMERS A COMPLETE INDICATION OF THE MARKET SITUATION AND ENABLES THEM TO MAKE DIRECT CONTACT WITH ALL PRODUCERS OR DISTRIBUTORS ON THIS MARKET , WITHOUT HAVING TO TRAVEL FREQUENTLY FROM PLACE TO PLACE .
THE CONSUMER IS THEREFORE ALLOWED A FAIR SHARE OF THE BENEFIT RESULTING FROM THE RATIONALIZATION BROUGHT ABOUT BY EXPO DENTAL .
4 . THE DECISION AS NOTIFIED IMPOSES NO RESTRICTION WHICH IS NOT INDISPENSABLE TO THE ATTAINING OF ITS OBJECTIVES . MANUFACTURERS AND DISTRIBUTORS OF DENTAL PRODUCTS HAVE A REASONABLE PERIOD WHEN THEY ARE NOT REQUIRED TO BEAR THE COST OF TAKING PART IN OTHER EXHIBITIONS AND WHEN THEY ARE ABLE TO CONCENTRATE ON EXPO DENTAL . HAVING REGARD TO THE