1. 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/
Fax: +49(0)211/

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

3. Advertising is permissible in principle
I. Advertising
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

4. I. Advertising
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

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

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

7. II. Direct sales & distribution
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

8. II. Direct sales & distribution
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

9. II. Direct sales & distribution
As franchisor in addition to the franchisee
possible in principle despite territory and customer protection
however: compensation for revenues lost by the franchisee

10. II. Direct sales & distribution
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

11. Questions?

12. Thank you for your attention!
Marco Hero
TIGGES Rechtsanwälte
Zollhof 8
40221 Düsseldorf
Germany
(Fax)