Sales of e-commerce from non-exclusive distributors cannot in principle be limited by the supplier. However, non-exclusive distribution is subject to the same customer allocation rules (wholesale and retail trade) with exclusive distribution. If the distribution agreement contains more non-competition clauses than those permitted by the class exemption, the non-compete clause is not applicable. If it can be separated from the rest of the agreement, the rest of the agreement is valid. A distribution or agency agreement can only be submitted to a declaration if it is considered a „concentration operation“ under Belgian law; d.a. a permanent change in the control of a business, which can occur in particular when two independent companies decide to integrate; When a company or person in control of a business acquires another business or part of its business; or when two companies create a permanent joint venture between them (Article IV.6 of the Belgian Economic Code). The EU has also identified certain provisions which, depending on the size and market share of the parties, are generally considered to be negative effects on trade, as well as certain provisions that could promote market efficiency and reduce prices for all consumers. A particularly regulated area includes all the non-competition provisions of the distributor or importer. While such provisions are often permitted in the United States and most countries, the EU severely limits the scope and applicability of these provisions. This article addresses some (but not all) points that need to be taken into account when setting up appropriate distribution agreements in the EU.
It is important to obtain good legal advice in this area of the law, and the reader should not rely on a simple revision of this section. This section is intended to convey the basics of the law, but the corresponding planning and development requires specialized advice. It is important to include delays in all non-competition prohibitions. As a general rule, the restrictions apply to the length of the business relationship (or employment) and to some time after. However, it is important to ensure that post-contract restrictions are appropriate or no longer enforced. For example, a permanent limitation would not apply, since competition law is supposed to promote competition between firms and innovation. Such a clause is a non-competition obligation that prevents the distributor from selling competing goods from the supplier`s products. The category exemption recognizes that the supplier may have to prevent the distributor from selling a competitor`s products within limits.
It allows the supplier to do so for the duration of the distribution contract for up to 5 years. A longer non-competition obligation is not valid. Note, however, that the following provisions of an agreement are prohibited regardless of the above economic criteria: an agreement on trade agencies may include a non-competition clause, but this is only valid if and to the extent that: two criteria can be taken into account when applying a selective distribution system: qualitative and quantitative. The application of qualitative selection criteria (for example. B, training, product range, point-of-sale service) is generally regarded by the EU as an objective and non-discriminatory method when applied uniformly. Conversely, the application of quantitative selection criteria for which suppliers are selected in order to limit the number of distributors in a market is more likely to reduce intra-brand competition and be subject to a thorough Community review.
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