ECJ 1. In the absence of notification in accordance with the requirements of regulation no 17 and regulation no 1133/68, an agreement may not have exemption under article 85(3) of the eec treaty, even if the text of the agreement was communicated to the commission subsequent to a request for information made by the latter.
2. Although an agreement may escape the prohibition in article 85(1) of the EEC Ttreaty when it affects the market only to an insignificant extent, having regard to the weak position which those concerned have in the market in the products in question, the same considerations do not apply in the case of a product the entire production of which is in the hands of a large undertaking.
C-30/78,  EUECJ C-30/78
Updated: 21 May 2022; Ref: scu.132672