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Moskvina
Viertiö
Giannou
Thomas
Home  >  Competition Law  > Glossary of competition terms  > Active sales
Active sales
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Sales made by actively approaching individual customers inside another distributor’s exclusive territory or exclusive customer group by for instance direct mail or visits, or by actively approaching a specific customer group or customers in a specific territory allocated exclusively to another distributor through advertisement in media or other promotions specifically targeted at that customer group or customers in that territory, or by establishing a warehouse or distribution outlet in another distributor’s exclusive territory. Clauses limiting a distributor’s right to sell actively into another distributor’s territory are usually part of exclusive distribution networks and can benefit from the block exemption for vertical agreements.

(See: Commission Regulation 2790/99 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ L 336, 22.12.1999), Guidelines on vertical restraints (OJ C 291, 13.10.2000) ,

Passive sale(s)

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