Traduction de «Obligations in respect exclusive purchase for resale » (Anglais → Français) :

Moreover, this regulation also provides an exemption where the parties accept exclusive purchase or supply obligations or jointly distribute the products they manufacture under a specialisation or joint production agreement.

(1) Whereas by Regulation No 19/65/EEC(5), the Council empowered the Commission, without prejudice to the application of Council Regulation No 17: first Regulation implementing Articles 81 and 82 of the Treaty(6), and in accordance with Article 81(3) of the Treaty, to adopt regulations declaring that Article 81(1) does not apply to certain categories of agreements, and in particular to categories of agreements to which only two undertakings are party and whereby one party agrees with the other to supply only to that other certain goods for resale within a defined area of the common market, or whereby one party agrees with the ...[+++] other to purchase only from that other certain goods for resale, or whereby the two undertakings enter into into such obligations with each other in respect of exclusive supply and purchase for resale;

(23) The exemption similarly does not apply where the parties agree between themselves obligations concerning goods covered by this Regulation which would be acceptable in the combination of obligations which is exempted by Commission Regulation (EEC) No 1983/83 (1) or (EEC) No 1984/83 (2), as last amended by the Act of Accession of Austria, Finland and Sweden, regarding the application of Article 85 (3) of the Treaty to categories of exclusive distribution agreements and exclusive purchasing agreements ...[+++]respectively, but which go beyond the scope of the obligations exempted by this Regulation (Article 6 (1) (4)).

( 8 ) WHEREAS THIS REGULATION MUST DEFINE THE OBLIGATIONS RESTRICTING COMPETITION WHICH MAY BE INCLUDED IN AN EXCLUSIVE PURCHASING AGREEMENT ; WHEREAS THE OTHER RESTRICTIONS OF COMPETITION ALLOWED UNDER THIS REGULATION IN ADDITION TO THE EXCLUSIVE PURCHASING OBLIGATION LEAD TO A CLEAR DIVISION OF FUNCTIONS BETWEEN THE PARTIES AND COMPEL THE RESELLER TO CONCENTRATE HIS SALES EFFORTS ON THE CONTRACT GOODS ; WHEREAS THEY ARE , WHERE THEY ARE AGREED ONLY FOR THE DURATION OF THE AGREEMENT , GENERALLY NECESSARY IN ORDER TO ATTAIN THE IMPROVEMENT IN THE DISTRIBUTION OF GOODS SOUGHT THROUGH EXCLUSIVE PURCHASING ; WHEREAS FURTHER RESTRICTIVE OBLIGATIONS AND IN PARTICULAR THOSE WHICH LIMIT THE RESELLER'S CHOICE OF CUSTOMERS OR HIS FREEDOM TO DETER ...[+++]MINE HIS PRICES AND CONDITIONS OF SALE CANNOT BE EXEMPTED UNDER THIS REGULATION ;

( 17 ) WHEREAS THE ADVANTAGES PRODUCED BY BEER SUPPLY AGREEMENTS AND SERVICE-STATION AGREEMENTS CANNOT OTHERWISE BE SECURED TO THE SAME EXTENT AND WITH THE SAME DEGREE OF CERTAINTY ; WHEREAS THE EXCLUSIVE PURCHASING OBLIGATION ON THE RESELLER AND THE NON-COMPETITION CLAUSE IMPOSED ON HIM ARE ESSENTIAL COMPONENTS OF SUCH AGREEMENTS AND THUS USUALLY INDISPENSABLE FOR THE ATTAINMENT OF THESE ADVANTAGES ; WHEREAS , HOWEVER , THIS IS TRUE ONLY AS LONG AS THE RESELLER'S OBLIGATION TO PURCHASE FROM THE SUPPLIER IS CONFINED IN THE CASE OF PREMISES USED FOR THE SALE AND CONSUMPTION OF DRINKS TO BEERS AND OTHER DRINKS OF THE TYPES OFFERED BY THE SUPPLIER , AND IN THE CASE OF SERVICE STATIONS TO PETROLEUM-BASED FUEL FOR MOTOR VEHICLES AND OTHER PETR ...[+++]OLEUM-BASED FUELS ; WHEREAS THE EXCLUSIVE PURCHASING OBLIGATION FOR LUBRICANTS AND RELATED PETROLEUM-BASED PRODUCTS CAN BE ACCEPTED ONLY ON CONDITION THAT THE SUPPLIER PROVIDES FOR THE RESELLER OR FINANCES THE PROCUREMENT OF SPECIFIC EQUIPMENT FOR THE CARRYING OUT OF LUBRICATION WORK ; WHEREAS THIS OBLIGATION SHOULD ONLY RELATE TO PRODUCTS INTENDED FOR USE WITHIN THE SERVICE STATION ;

- whereby the two undertakings have entered into obligations, as in the two preceding subparagraphs, with each other in respect of exclusive supply and purchase for resale;