Transcript I. Advertising

Marco Hero
TIGGES Rechtsanwälte
Zollhof 8
40221 Düsseldorf
Germany
Tel.: +49(0)211/8687-112
Fax: +49(0)211/8687-270
[email protected]
Sales promotion via the Internet by
companies with a distribution network
How to avoid conflicts with the network
Overview
I.
Advertising
I.
II.
II.
Legal classification
Consequences in the case of
infringements of (legally protected)
rights
Direct marketing
I. As principal
II. As manufacturer
III. As franchisor
I. Advertising
• Advertising is permissible in principle
• Also possible in competition against
advertising by other participants in the
distribution network
• No exclusive reservation of advertising
via the Internet
I. Advertising
• Usually passive sales and distribution in
the sense of the Vertical Block
Exemption Regulation (EC 2790/1999)
• Active sales and distribution only as an
exception, e.g. through personalised
mailings, customer group-related
banners
I. Advertising
• False or erroneous information as
trigger of
Damages claims
Recourse
Compensation claims
II. Direct Marketing
Internet sales = passive sales
Parallel direct sales possible
• without sales restriction?
• with territory or customer
protection?
II. Direct sales & distribution
• As principal in addition to the
commercial agent
permissible in principle despite territory
protection
but: compensation for the commission
losses suffered by the commercial agent
II. Direct sales & distribution
• As business person in addition to
the distributor
permissible in principle even in the case of
exclusive sales and distribution
but: compensation for the losses suffered
by the distributor, for equitable reasons
II. Direct sales & distribution
• As franchisor in addition to the
franchisee
possible in principle despite territory and
customer protection
however: compensation for revenues lost
by the franchisee
II. Direct sales & distribution
• Fundamental antitrust-law restriction
when the direct Internet sales by the
manufacturer exert such a pressure on the
distribution network that it is equivalent to
price-fixing
Questions?
Thank you for your attention!
Marco Hero
TIGGES Rechtsanwälte
Zollhof 8
40221 Düsseldorf
Germany
+49 211 8687 112
+49 211 8687 270 (Fax)
[email protected]