However, as stated in response to question 32, a supplier may, by agreement, prevent a buyer from making “active sales” in a territory attributed exclusively to another buyer or that the supplier has reserved itself exclusively. The Commission`s vertical guidelines cite as examples of active sales in the online context of website banners and search engine advertising that are specifically displayed by users in a given region. Restrictions on these activities are permitted by the vertical category exemption, subject to the rule that similar restrictions apply to equivalent forms of active sale of the same goods or services by this offline distributor (Pierre Fabre Dermo-Cosmétique). Until recently, distribution agreements for the purchase, sale or resale of new vehicles or spare parts, or on the provision of repair and maintenance services by licensed repairers, were covered by a separate sector exemption. However, since June 1, 2013, vertical agreements for the purchase, sale or resale of new vehicles have been analyzed under the General Vertical Class Exemption Regulation (see Question 18), meaning that only agreements for the distribution of spare parts and the provision of repair and maintenance services will continue to benefit from a specific sectoral exemption regulation. There are other category exemption sectoral regulations, but none specifically apply to vertical restrictions. A new form of infringement of competition law may be applied in Belgium (in addition to the prohibition of anti-competitive agreements and the abuse of dominant position). The new Article IV.2/1 of the Belgian Competition Act (CA) prohibits companies from abusing a non-dominant position (…) The imposed pricing system has long been considered illegal in itself and not as a justification under federal cartel law. However, in Leegin, the U.S. Supreme Court itself repealed the rule against minimum support agreements and decided that these restrictions are subject to an analysis of the reason rule. The Tribunal stated that agreements should only fall into the “illegal” category if they always or almost always harm competition; z.B.

horizontal pricing between competitors. On the other hand, the minimum sustainability of resale prices can often have competitive advantages that predominate over their anti-competitive harm. The court stated that resale price maintenance agreements are not in themselves legal and suggested that such agreements could be contrary to federal cartel legislation if a producer or retailer participating in such an agreement had market power (see question 16). In Peugeot (1986), the Commission found that the restrictive effects of a competition agreement could be reinforced “by the existence of similar exclusive and selective distribution systems from other car manufacturers”. This followed the approach adopted by the ECJ during the Metro/Commission years, in which the Tribunal stated that the dissemination of selective distribution networks in the market in question was part of the criteria for determining whether a particular network creates a restriction of competition within Article 101, paragraph 1 (since penetration of the systems “has no place for other forms of distribution […] In addition, the Committee on the Environment, Health and Environmental Policy, Health and Environmental Policy, environmental health and policy, health and environmental policy, environmental health and policy, health and environmental policy, health and health policy, environment, health and health, environment, health and health, environment, health and policy, health and policy the idea that platform assertiveness is entirely speculative. Moreover, it is at odds with a series of studies that show that the opposite is likely. In reality, competition on platforms is more complex than simple theories of vertical discrimination (…) Explain how the buyer`s ability to store products