ABSTRACT
The view of the Commission’s traditional approach under Art 81(1), outlined in the previous section, is perhaps an oversimplification and it is of more interest to note the attitude of the Community authorities to particular types of restriction. In particular, export bans, both direct and indirect, are considered by both the Commission and Court as being clear infringements of Art 81(1).28 Similarly, resale price maintenance provisions in vertical agreements are routinely prohibited under Art 81(1).29
Otherwise, the Court has taken a more flexible approach to the consideration of when there is a ‘restriction of competition’ under Art 81(1). However, before considering other case law it is necessary to look at the treatment of territorial restrictions in vertical restraints, as these territorial restrictions are very important in a wide range of vertical agreements, particularly exclusive distribution agreements.
