| 释义 |
export bans
Anticompetitive practices that have the effect of banning the resale of products from one EU/EEA territory in another. Export bans have long been held to infringe the competition rules in Article 101 of the Treaty on the Functioning of the European Union; they can lead the European Commission to levy fines of up to 10% of annual worldwide group turnover. Examples of practices that infringe the rules include clauses in contracts banning exports; an export ban in a written contract will be void when Article 101 applies. However, when the vertical agreements regulation 330/2010 applies it is permitted to restrict an exclusive distributor from actively soliciting sales in another EU/EEA territory. It is not permissible to prevent a distributor from advertising on a website as this is regarded as “passive” rather than “active” selling. In addition, practices that have the effect of bolstering or imposing an export ban are forbidden within the EU/EEA, including buying up all parallel imports, marking products solely for the purposes of tracing them to stop parallel importation, and sending emails to, or otherwise putting pressure on, dealers not to engage in parallel importation. See also geoblocking. |