ABSTRACT
Any attempt by a dominant undertaking to impose export bans on its purchasers will be considered abusive. Obviously, this forms part of the Community’s attempt to stop undertakings re-erecting trade barriers which have been dismantled at State level. Export bans distort both trade flows across the Community and intra-brand competition (competition between same brand products). If such bans were put in place, a dominant undertaking would be able to segregate national markets. In United Brands, a clause prohibiting the resale of green bananas64 was considered to be an export ban and was condemned because it would grant national distributors protection from parallel imports. Export bans may also be dealt with under Art 81, even when they appear to be unilaterally imposed.65
