my Lord the fifth point in relation to question three, C, we've always understood this to be a threshold bond, we've concentrated on the words capable in law  in relation to section fourteen, there are two ways of viewing this and your Lordship will clearly have to take a view on whether er one or both of these is a proper issue under clause three, C one, first of all is, is, is section fourteen itself capable of restricting the competition, is it in itself a restriction of competition, well we took your Lordship the C B R case, the case of the commission in which an ouster clause was held to infringe article eighty five, because of it's interrelationship with the other restrictions and so section fourteen is bad if the other restrictions are made out as a matter of competition law, that we say is a question of fact and we therefore answer that part of three C by saying it's not capable in law