Keelatud on kokkuleppesse võtta käesoleva grupierandiga mittelubatud, konkurentsivabadust kahjustavaid või kahjustada võivaid järgmisi tingimusi: ... kokkuleppepoole õiguse piiramine täita tema poolt mitteotsitud ostutellimusi (passiivne müük) ...
This is also the case, in particular, regarding the prohibition on the licensee from selling the licensed product in territories granted to other licensees (passive competition).
The latest available version of the business plan even makes a distinction between 'remote sales' (where a customer requests a bid from one distributor for services in the other distributor's territory) and 'passive sales' (where a customer requests bids from a distributor which is not responsible for that territory or customer).
A potential licensee will not invest unless he has the chance to build up a market of his own. Equally, the licensor needs assurance that he does not have to fear competition in his own market, or in those of his other licensees, straightaway. The Committee considers that a five-year period of territorial protection from passive sales, as the Commission proposes should continue, is inadequate and that similar protection should be given as from sales actively pursued by a licensee.
