In the absence of specific markings, is a piece legato or staccato?

This severe limitation concerns market allocation according to territory or customer groups.

Article 4d BER prohibits restriction of cross-supplies between distributors within a selective distribution system.

I consider that a degree of confusion is apparent from the file before the Court with regard to the distinct concepts of a restriction of competition by object and a hardcore restriction.

The second hardcore restriction concerns contractual provisions that limit the territory on which the buyer may sell, or limiting the consumers to whom may be sold.

The second severe limitation concerns limitations concerning the area or the costumers, to whom the exclusive distributor is allowed to sell.

There are four exceptions to the hardcore restriction in Article 4(b) of the Block Exemption Regulation.

The hardcore restriction set out in Article 4(d) of the Block Exemption Regulation concerns the restriction of cross-supplies between appointed distributors within a selective distribution system.

Further, the court found the clause to be a “hardcore restriction” pursuant to Article 4 (c) Regulation No 330/2010.

That clause also constituted, in the view of that court, a hardcore restriction under Article 4(c) of Regulation No 330/2010.

Where such a hardcore restriction is included in an agreement, that agreement is presumed to fall within Article 101(1).

16 – I would note that Article 4 itself of the Block Exemption Regulation does not use the term ‘hardcore restriction’.

There are three further exceptions to the hardcore restriction set out in Article 4(b) of the Block Exemption Regulation.

The first requirement is that the agreement cannot contain any of the severe limitations, set forth in the Block Exemption Regulation.

Judgment in the Coty case: Prohibition against use of third party’s online platform was not unlawful