Active sales

Active sales in the European Union Law

Concept of Active sales provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Sales made by actively approaching individual customers inside another distributor's exclusive territory or exclusive customer group. This may be, for instance, by direct mail or visits; by actively approach-ing a specific customer group or customers in a specific territory allo-cated exclusively to another distributor through advertisement in the media or other promotions specifically targeted at that customer group or customers in that territory; or by establishing a warehouse or distribution outlet in another distributor's exclusive territory. Clauses limiting a distributor's right to sell actively into another distributor's territory are usually part of exclusive distribution networks and can benefit from the block exemption for vertical agreements.

(See: Commission Regulation 2790/99 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ L 336, 22.12.1999); guidelines on vertical restraints (OJ C 291, 13.10.2000).)

Resources

See also

• Passive sales