46It should be pointed out that, in paragraph 40 of the judgment under appeal, the General Court essentially identified the Commission’s concerns regarding the relevant clauses, noting that the Commission had stated, in recitals 37 to 44 of the contested decision, that the agreements leading to absolute territorial exclusivity restored the partitions of national markets and frustrated the Treaty’s objective of establishing a single market and that, therefore, such clauses were deemed to have as their object the restriction of competition, unless other circumstances falling within their economic and legal context justify the finding that they are not liable to have that result.
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