Guidance on restrictions of competition ‘by object’ for the purpose of defining which agreements may benefit from the De Minimis Notice:3.1.1 General principles

Guidance on restrictions of competition ‘by object’ for the purpose of defining which agreements may benefit from the De Minimis Notice

3.1.1 General principles

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

A restriction on a buyer as to where (the territory) or to whom (the customers) the buyer can sell the contract products, actively and/or passively1., is a hardcore restriction and generally considered a restriction by object.2. Such a restriction may result from direct obligations on the buyer but also from indirect measures aimed at inducing the buyer not to sell to particular customers or territories, such as refusal or reduction of bonuses or discounts, termination of supply, reduction of supplied volumes, requiring a higher price for products to be exported, limiting the proportion of sales that can be exported, etc.3. However restrictions which restrict the buyer's place of establishment are not hardcore restrictions.4.

Case C-70/93 BMW v ALD Autoleasing

A motor vehicle manufacturer with a selective distribution system was prohibiting its authorized dealers from delivering vehicles to independent leasing companies if those companies would make them available to lessees outside the contract territory of the dealer in question.

Joined Cases 32, 36 and 82/78 BMW Belgium v Commission

A motor vehicle manufacturer issued circulars prohibiting its dealers from exporting vehicles to authorized dealers in other countries.

Case C-439/09 Pierre Fabre

A manufacturer of cosmetics and personal care products with a selective distribution system was prohibiting its authorised distributors from selling via the internet.

Case C-551/03 P General Motors BV v Commission

A distribution agreement restricting or prohibiting dealers in one Member State from exporting to consumers in another Member State, not only through direct export prohibitions but also through indirect measures such as a restrictive supply or a bonuses policy which excludes exports to final consumers from retail bonus campaigns.

Case 37975 Yamaha

An obligation on authorised dealers operating in different Member States to sell exclusively to final consumers, with the object of preventing cross supplies within the network of dealers. This restricted dealers from competing for sales to other dealers and impeded trade within the selective distribution network.

Case C-501/06 P GlaxoSmithKline Services v Commission

A pharmaceutical company's dual pricing policy according to which higher prices were charged to wholesalers for products to be exported to other Member States was considered to limit parallel trade and partition markets.

Deze functie is alleen te gebruiken als je bent ingelogd.