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The supplier may adopt quantitative or qualitative selective distri-
bution system when selecting their distributors or authorized services.
A quantitative selective distribution system is a selective distribution
system wherein the provider uses criteria that directly limits the num-
ber of these distributors or authorized services when selecting its dis-
tributors or authorized services. A qualitative selective distribution sys-
tem is a system where the provider uses criteria for distributors or
authorized services, which are only qualitative and are required by the
nature of the goods or services that are the subject of the agreement,
are established and put forward so as to be the same for all candidate
undertakings that apply for participation in the distribution system, are
not applied in a discriminatory manner, and which do not directly limit
the number of the distributors or authorized services.
Art. 5 of Communiqué No. 2005/4 regulates restrictions that take
the agreements out of block exemptions. Those that are regulated
under Art. 5, and which may not benefit from block exemptions, are
related to selective distribution agreements. These are as follows: (i)
the prevention of exchanges among system members in the selective
distribution system, (ii) the restriction of active or passive sales to end
users by members of a selective distribution system, (iii) the restriction
of sales by members of a selective distribution system to special ser-
vices.
Moreover, the restriction of the right of authorized services to sell
spare parts to independent undertakings
3
, or prevention of access to the
technical information, diagnostic devices, and other equipment,
required software or education that are necessary for the maintenance
and repair of motor vehicles, take the agreement out of the block
exemption.
Selective Distribution Systems within the scope of Communiqué
No. 2008/2
In accordance with Art. 4/f of Communiqué No. 2008/2, selective
distribution system is a distribution system where the licensor licenses
the production of the contract products only to licensees selected on
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3
The independent enterprise should be considered as the independent service.