Extra-territoriality

Extra-territoriality in the European Union Law

Concept of Extra-territoriality provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Term normally used to describe the exercise by a sovereign State of jurisdiction over foreigners in respect of acts done outside the borders of that State. One could say that — in a very broad sense — the EU applies its competition rules in an extra-territorial manner when it makes use of the () effects doctrine.

Exclusive distribution

Exclusive distribution in the European Union Law

Concept of Exclusive distribution provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): A distribution system, in which a company grants exclusive rights on its products or services to another company. The most common forms include () single branding and/or exclusive territory rights, whereby a single distributor obtains the right to market a supplier's product in a specific territory. The supplier's purpose in granting exclusivity is normally to provide the distributor with incentives to promote the product and provide better service to customers. In most cases, the distributor's market power is limited by () inter-brand competition.

Exhaustion

Exhaustion in the European Union Law

Concept of Exhaustion provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Intellectual property rights (IPRs) such as patents and trademarks give the developer certain exclusive rights over the exploitation of his work, such as in production and commerce. However, within the EU, the exclusive right cannot be used to artificially split up the common market along national borders. Therefore, the holder of an IPR in a Member State cannot oppose the import of a product protected by the IPR into that Member State, where that product was already put on the market in another Member State by the holder or with his consent. To this extent the holder's IPR is considered to be exhausted. The principle of exhaustion does not apply with regard to products put on the market in third countries.

Resources

See also

• Intellectual property right

Exclusionary practice

Exclusionary practice in the European Union Law

Concept of Exclusionary practice provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Practice by a dominant company that tends to impair the opportuni-ties of competitors based on considerations other than competition on the merits. An example would be the decision, by a company dominant on the market for production of a certain product, not to supply a client, because he is a competitor active in the market for distribution of this product.