<P> 11 . An exclusive dealing agreement falls within the prohibition of Article 85 when it impedes, in law or in fact, the importation of the products in question from other member states into the protected territory by persons other than the exclusive importer . </P> <P> 12 . More particularly, an exclusive dealing agreement may adversely affect trade between member states and can have the effect of hindering competition if the concessionaire is able to prevent parallel imports from other member states into the territory covered by the concession by means of the combined effects of the agreement and a national law requiring the exclusive use of a certain means of proof of authenticity . </P> <P> 13 . For the purpose of judging whether this is the case, account must be taken not only of the rights and obligations flowing from the provisions of the agreement, but also of the legal and economic context in which it is situated and, in particular, the possible existence of similar agreements concluded between the same producer and concessionaires established in other member states . </P> <P> 14 . In this connexion, the maintenance within a member state of prices appreciably higher than those in force in another member state may prompt an examination as to whether the exclusive dealing agreement is being used for the purpose of preventing importers from obtaining the means of proof of authenticity of the product in question, required by national rules of the type envisaged by the question . </P>

Case 8/74 procureur du roi v. dassonville 1974 ecr 837