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However, it is also provided that certain intra-brand restraints ‘may in certain cases not be caught by Art.81(1) when the restraint is objectively necessary for the existence of an agreement of that type or that nature’. This is a principle held in Societe Technique Miniere v. Maschinenbau Ulm and Nungesser ...
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This is a principle held in Societe Technique Miniere v. Maschinenbau Ulm and Nungesser . In Societe, the agreement between a manufacturer in one Member State and a distributor in another Member State granting the distributor an exclusive territory was allowed when ‘the competition in question [was] understood within the actual context in which it would occur in the absence of the agreement in dispute...
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