CONDITIONS OF ARTICLE 85 ( 1 ) OF THE TREATY ;
WHEREAS IN THE PRESENT STATE OF TRADE EXCLUSIVE DEALING AGREEMENTS RELATING TO INTERNATIONAL TRADE LEAD IN GENERAL TO AN IMPROVEMENT IN DISTRIBUTION BECAUSE THE ENTREPRENEUR IS ABLE TO CONSOLIDATE HIS SALES ACTIVITIES ; WHEREAS HE IS NOT OBLIGED TO MAINTAIN NUMEROUS BUSINESS CONTACTS WITH A LARGE NUMBER OF DEALERS , AND WHEREAS THE FACT OF MAINTAINING CONTACTS WITH ONLY ONE DEALER MAKES IT EASIER TO OVERCOME SALES DIFFICULTIES RESULTING FROM LINGUISTIC , LEGAL , AND OTHER DIFFERENCES ; WHEREAS EXCLUSIVE DEALING AGREEMENTS FACILITATE THE PROMOTION OF THE SALE OF A PRODUCT AND MAKE IT POSSIBLE TO CARRY OUT MORE INTENSIVE MARKETING AND TO ENSURE CONTINUITY OF SUPPLIES , WHILE AT THE SAME TIME RATIONALISING DISTRIBUTION ; WHEREAS , MOREOVER , THE APPOINTMENT OF AN EXCLUSIVE DISTRIBUTOR OR OF AN EXCLUSIVE PURCHASER WHO WILL TAKE OVER , IN PLACE OF THE MANUFACTURER , SALES PROMOTION , AFTER-SALES SERVICE AND CARRYING OF STOCKS , IS OFTEN THE SOLE MEANS WHEREBY SMALL AND MEDIUM-SIZE UNDERTAKINGS CAN COMPETE IN THE MARKET ; WHEREAS IT SHOULD BE LEFT TO THE CONTRACTING PARTIES TO DECIDE WHETHER AND TO WHAT EXTENT THEY CONSIDER IT DESIRABLE TO INCORPORATE IN THE AGREEMENTS TERMS DESIGNED TO PROMOTE SALES ; WHEREAS THERE CAN ONLY BE AN IMPROVEMENT IN DISTRIBUTION IF DEALING IS NOT ENTRUSTED TO A COMPETITOR ;
WHEREAS AS A RULE SUCH EXCLUSIVE DEALING AGREEMENTS ALSO HELP TO GIVE CONSUMERS A PROPER SHARE OF THE RESULTING BENEFIT AS THEY GAIN DIRECTLY FROM THE IMPROVEMENT IN DISTRIBUTION , AND THEIR ECONOMIC OR SUPPLY POSITION IS THEREBY IMPROVED AS THEY CAN OBTAIN PRODUCTS MANUFACTURED IN OTHER COUNTRIES MORE QUICKLY AND MORE EASILY ;
WHEREAS THIS REGULATION MUST DETERMINE THE OBLIGATIONS RESTRICTING COMPETITION WHICH MAY BE INCLUDED IN AN EXCLUSIVE DEALING AGREEMENT ; WHEREAS IT MAY BE LEFT TO THE CONTRACTING PARTIES TO DECIDE WHICH OF THOSE OBLIGATIONS THEY INCLUDE IN EXCLUSIVE DEALING AGREEMENTS IN ORDER TO DRAW THE MAXIMUM ADVANTAGES FROM EXCLUSIVE DEALING ;
WHEREAS ANY EXEMPTION MUST BE SUBJECT TO CERTAIN CONDITIONS ; WHEREAS IT IS IN PARTICULAR ADVISABLE TO ENSURE THROUGH THE POSSIBILITY OF PARALLEL IMPORTS THAT CONSUMERS OBTAIN A PROPER SHARE OF THE ADVANTAGES RESULTING FROM EXCLUSIVE DEALING ; WHEREAS IT IS THEREFORE NOT POSSIBLE TO ALLOW INDUSTRIAL PROPERTY RIGHTS AND OTHER RIGHTS TO BE EXERCISED IN AN ABUSIVE MANNER IN ORDER TO CREATE ABSOLUTE TERRITORIAL PROTECTION ; WHEREAS THESE CONSIDERATIONS DO NOT PREJUDICE THE RELATIONSHIP BETWEEN THE LAW OF COMPETITION AND INDUSTRIAL PROPERTY RIGHTS , SINCE THE SOLE OBJECT HERE IS TO DETERMINE THE CONDITIONS FOR EXEMPTION OF CERTAIN CATEGORIES OF AGREEMENTS UNDER THIS REGULATION ;
WHEREAS COMPETITION AT THE DISTRIBUTION STAGE IS ENSURED BY THE POSSIBILITY OF PARALLEL IMPORTS , WHEREAS , THEREFORE , THE EXCLUSIVE DEALING AGREEMENTS COVERED BY THIS REGULATION WILL NOT NORMALLY AFFORD ANY POSSIBILITY OF PREVENTING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION ;
WHEREAS IT IS DESIRABLE TO ALLOW CONTRACTING PARTIES A LIMITED PERIOD OF TIME