10In that connection, the Cour d'Appel deduces from the fact that the principle of free movement of goods was contained in Article 3(c) of the EEC Treaty before the concept of the internal market came into being that the latter cannot be assimilated to an area in which there is free movement of goods, since that would fall short of the wishes of the Community legislature. Moreover, such a market had already been considered in paragraph 33 of the judgment in Case 15/81 Schul v Inspecteur der Invoerrechten eit Accijnen [1982] ECR 1409 as constituting a merger of the national markets which appeared to end the power of a State to constitute within its territory an area devoid of competition in relation to a particular product by requiring manufacturers (publishers) to fix a price from which retailers (booksellers) could not depart significantly by taking account of the position of the purchaser in the market.
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