In the vast majority of cases they will of course on the facts be a closed link between the nature of the trade effective between members of states and the competition that is restricted by the contested clause, this is because given that the restriction flows out in the agreement the later sets the context for former, accordingly as a simply matter of fact, restrictions of competition operating relating to the same market in which trade is affected between member of states, a restriction must be appraised in the context of the market, if the parties to the agreement or the high percent market share of the market, then a relatively minor restriction assumes greatest significance, on, firstly, if the parties hold a small share of the market then what appears obstensively be a serious restriction may turn out upon an assessment of facts to be minor or relatively insignificant, contrary to the submission of the plaintiff, the restriction of competition can be determined without a assessment of market, the court of first instance have recently held that the necessement of the market has necessary pre pre-conditioned of any judgement concerning the allegedly  and competitive behaviour and your Lordship was taken to that paragraph  page ninety two, just siting recently the  and the present case the restrictions pleaded that paragraphs forty clements and the two twenty mason were for broadly to restrict the effects upon the insurance market, however the defendants have gone one step further and also identified other markets and sub markets in which the restrictions take immediate impact, this is logical for example in relation to the standard form agency agreement the restrictions have the most direct impact from the sub market to the provision of agencies services to names, competition is effected in this market since complete harmonization of secondary terms and trades are merely the criteria available to names when choosing an agent, however, the standard form contract also effects the wine and insurance market, the fact that the agent has unvetted powers to write any insurance which he sees fit affects the categories of insurance written within  this is of course is the matter about which defendant makes complaint.