Keywords
Summary

Keywords

1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - SELECTIVE DISTRIBUTION SYSTEM - MANUFACTURER ' S DECISION CHANGING THE RANGE OF PRODUCTS TO BE MARKETED - NATURE - WHETHER UNILATERAL CONDUCT EXEMPT FROM THE PROHIBITION OF AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - NOT EXEMPT - ACT FORMING PART OF THE CONTRACTUAL RELATIONS BETWEEN THE MANUFACTURER AND ITS DEALERS - TAKEN INTO ACCOUNT DURING THE EXAMINATION WITH A VIEW TO GRANTING AN EXEMPTION

( EEC TREATY , ART . 85 ( 1 ) AND ( 3 ))

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PROHIBITION - EXEMPTION - SELECTIVE DISTRIBUTION SYSTEM - FACTORS TO BE TAKEN INTO ACCOUNT - REFUSAL TO SUPPLY - ASSESSMENT BY THE COMMISSION

( EEC TREATY , ART . 85 ( 3 ))

3 . ACTS OF THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - SCOPE - DECISION APPLYING THE RULES ON COMPETITION

( EEC TREATY , ART . 190 )

Summary

1 . WHEN ADMISSION TO A SELECTIVE DISTRIBUTION NETWORK IMPLIES ACCEPTANCE BY THE DEALERS OF THE MANUFACTURER ' S POLICY WITH REGARD TO THE RANGE OF PRODUCTS TO BE DELIVERED TO A NATIONAL MARKET , THE MANUFACTURER ' S DECISION TO CEASE TO SELL PART OF THAT RANGE DOES NOT CONSTITUTE A UNILATERAL ACT WHICH , AS SUCH , IS EXEMPT FROM THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) OF THE TREATY . IT FORMS PART OF THE CONTRACTUAL RELATIONS BETWEEN THE UNDERTAKING AND ITS DEALERS AND MAY THEREFORE BE TAKEN INTO ACCOUNT BY THE COMMISSION DURING ITS EXAMINATION OF THE MAIN DEALER AGREEMENT WITH A VIEW TO THE POSSIBILITY OF GRANTING AN EXEMPTION IN RESPECT OF IT UNDER ARTICLE 85 ( 3 ) OF THE TREATY .

2 . THE COMMISSION IS ENTITLED , WHEN EXAMINING A MAIN DEALER AGREEMENT WITH A VIEW TO DECIDING WHETHER OR NOT TO GRANT AN EXEMPTION IN RESPECT OF IT UNDER ARTICLE 85 ( 3 ) OF THE TREATY , TO TAKE ACCOUNT OF ALL THE CIRCUMSTANCES SURROUNDING THE APPLICATION OF THAT AGREEMENT . DURING THAT EXAMINATION , IT IS ENTITLED TO TAKE THE VIEW THAT THE MANUFACTURER ' S REFUSAL TO SUPPLY DEALERS IN A MEMBER STATE WITH ITEMS FROM ITS PRODUCT RANGE SUITABLE FOR EXPORT IS , OF ITSELF , A KEY ELEMENT IN PARTITIONING THE COMMON MARKET ARTIFICALLY , AND TO BALANCE THE IMPROVEMENT IN THE DISTRIBUTION OF THE GOODS RESULTING FROM THE AGREEMENT AGAINST THE DISADVANTAGES IN REGARD TO COMPETITION FLOWING FROM THE FACT THAT IT IS IMPOSSIBLE TO BUY CERTAIN ITEMS FROM THE PRODUCT RANGE IN A MEMBER STATE AT THE PRICES CHARGED THERE AND THE SIGNIFICANT REDUCTION IN COMPETITIVE PRESSURE IN ANOTHER MEMBER STATE WHICH IS THE CONSEQUENCE THEREOF .

3.IN A DECISION REFUSING TO GRANT AN EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY IN RESPECT OF A SELECTIVE DISTRIBUTION SYSTEM , THE COMMISSION IS NOT OBLIGED TO CARRY OUT A DETAILED EXAMINATION OF ALL THE ADVANTAGES AND DISADVANTAGES LIKELY TO FLOW FROM A SELECTIVE DISTRIBUTION SYSTEM WHEN IT HAS GOOD REASON TO BELIEVE THAT A MANUFACTURER HAS USED SUCH A SYSTEM TO PREVENT PARALLEL IMPORTS AND THUS ARTIFICALLY TO PARTITION THE COMMON MARKET .