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A vertical agreement cannot be covered by the block exemption and therefore cannot benefit from the block exemption, for example.B.: the designation of the distributor by the supplier in Section 1 of this agreement is an exclusive designation for the distribution of the products in the territory. The supplier may not independently advertise, promote and sell supplier products, support supplier products or designate additional distributors for supplier products in the region. The Verticals Notice of the Swiss Competition Commission (“WEKO”) of 28 June 2010, while leaving only a guiding nature, leaves no doubt that WEKO also applies the rules on vertical agreements in an online environment. Article (…) As a supplier, you cannot prevent all online sales by your distributors, but there are to some extent opportunities to restrict active selling, even in third-party markets in case of selective distribution. Under the Guidelines, the ban on online sales is considered an essential restriction, with two exceptions. The Commission considers that the reasons of safety and health may be the exceptions in which essential restrictions may be necessary. In the context of a selective distribution agreement, it is essential to emphasise that, although the supplier may impose high quality and service standards, it cannot seek to control the retail prices charged by its distributors. Three main reasons were given for the decision to use a selective distribution system; and those reasons underlie the conditions for establishing that a selective distribution system is compatible with EU competition law. The three general reasons are as follows: but the ban on online selling is not the only one that is considered an illegal restriction on passive selling. The same applies to other contractual measures having a similar effect.

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