Sales made by actively approaching individual customers inside another distributor’s exclusive territory or exclusive customer group. This may be, for instance, by direct mail or visits; by actively approach- ing a specific customer group or customers in a specific territory allo- cated exclusively to another distributor through advertisement in the media or other promotions specifically targeted at that customer group or customers in that territory; or by establishing a warehouse or distribution outlet in another distributor’s exclusive territory. Clauses limiting a distributor’s right to sell actively into another distributor’s territory are usually part of exclusive distribution networks and can benefit from the block exemption for vertical agreements.
(See: Commission Regulation 2A790/99 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ L 336, 22.12.1999); guidelines on vertical restraints (OJ C 291, 13.10.2000).)
Source: Glossary of terms used in EU competition policy, Antitrust and control of concentrations, European Commission, 2002