Export bans
Export bans

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Export bans
  • Export bans—restriction on competition
  • Export bans—checklist

Export bans—restriction on competition

Export bans are seen as a serious restriction on competition and, along with behaviour such as price fixing and market sharing, will be prohibited without the need to prove adverse effects. The issue will typically arise between producers and their distributors, where producers seek to protect pricing structures and local distributors in different countries within the EU from competing imports. This is done by preventing distributors from parallel trading, and making a profit by selling into a higher price region. Once a product is put on the market any attempt to restrict inter-state trade will be prohibited; the fear is that to allow restrictions here would have the effect of partitioning markets.

For an export ban to come within the prohibition on restrictive agreements, there has to be an 'agre

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