139 / 522
ity is not addressed to a specific customer but aims to fulfill the demands
made by the customers. A passive sale is where a customer visits a
website of a distributor and contacts that distributor which results as a
sale with delivery. In cases where customers prefer to be automatically
updated which results as sales are also considered as passive sales.
In terms of capturing wider customer groups, websites use different
language options, the language preferences provided to customers
creates passive character of the sales.
In general it is accepted that passive sales cannot be restricted
whereas suppliers can put restrictions on active sales by the distribu-
tors.
The Commission regulates hardcore restrictions with regard to
passive sales which are considered as unacceptable restrictions limit-
ing distributors’ accessibility to variety of customers. In order for the
agreements to benefit from Block Exemption they should exclude such
hardcore restrictions. Pursuant to Guidelines paragraph 52, restrictions
with regard to passive sales include;
• preventing customers to view another distributors website or
providing automatic rerouting of customers to other distribu-
tors, though it is allowed when a distributor’s website offers
links to other distributor or supplier websites,
• terminating a customer’s credit card data once it appears with-
in an other exclusive distributors exclusive territory,
• limiting a distributors proportion of sales over internet.
Although this does not prevent that the supplier requires certain
amount of sales to be made offline in order to provide efficien-
cy in brick and mortar shops or a supplier can make sure that
the online sales is in line with the suppliers distribution model.
• Agreements of dual pricing, suppliers cannot determine that
distributors pay different prices (higher) for online sales com-
pared to offline sales. However the supplier can agree a fixed
fee with the buyer.
The Commission regards abovementioned restrictions as limita-
tions addressed to the access of the distributors to wide and various
customers.
COMPETITION LAW
123