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Marco Hero TIGGES Rechtsanwälte Zollhof 8 40221 Düsseldorf Germany Tel.: +49(0)211/8687-112

Sales promotion via the Internet by companies with a distribution network How to avoid conflicts with the network. Marco Hero TIGGES Rechtsanwälte Zollhof 8 40221 Düsseldorf Germany Tel.: +49(0)211/8687-112 Fax: +49(0)211/8687-270 hero@tigges-info.de. Advertising Legal classification

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Marco Hero TIGGES Rechtsanwälte Zollhof 8 40221 Düsseldorf Germany Tel.: +49(0)211/8687-112

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  1. Sales promotion via the Internet by companies with a distribution networkHow to avoid conflicts with the network Marco Hero TIGGES Rechtsanwälte Zollhof 8 40221 Düsseldorf Germany Tel.: +49(0)211/8687-112 Fax: +49(0)211/8687-270 hero@tigges-info.de

  2. Advertising Legal classification Consequences in the case of infringements of (legally protected) rights Direct marketing As principal As manufacturer As franchisor Overview

  3. 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

  4. 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

  5. False or erroneous information as trigger of Damages claims Recourse Compensation claims I. Advertising

  6. Internet sales = passive sales Parallel direct sales possible without sales restriction? with territory or customer protection? II. Direct Marketing

  7. 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

  8. 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

  9. 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

  10. 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 II. Direct sales & distribution

  11. Questions?

  12. Thank you for your attention! Marco Hero TIGGES Rechtsanwälte Zollhof 8 40221 Düsseldorf Germany +49 211 8687 112 +49 211 8687 270 (Fax) hero@tigges-info.de

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