44On the first point, the Court of First Instance rightly held that the clause prohibiting agents from favouring, in their advertising, proposals or advice to the public, means of transport in competition with rail fell within the transport sector and not under Regulation No 17 which was applied by the Commission in its decision. Indeed, it was the whole of the transport sector which was removed from the scope of the latter regulation by Regulation No 141, which was subsequently replaced by the three sectoral regulations on land, sea and air transport.
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