Translation of "Territorial exclusivity" in German

Intra-brand competition is limited by the territorial exclusivity.

In the high price markets, the loss of intra-brand competition results not only from the territorial exclusivity at the retail level but is aggravated by the exclusive sourcing obligation imposed on the retailers.

In order to ensure that territorial exclusivity is effectively complied with, providers of online content services often undertake, in their licence contracts with rightholders, including broadcasting organisations or events organisers, to prevent their subscribers from accessing and using their services outside the territory for which the providers hold the licence.

By reducing the transaction costs related to cross-border transmissions, this option will open new opportunities for broadcasters to offer their online services across borders, in particular as concerns content which does not rely on territorial exclusivity.

Section V, point 3 of the Communication13, for example, which prohibits the imposition of restrictions on distributors with regard to sales outside their contractual territory, gives great cause for concern since it substantially modifies the previous interpretation of territorial exclusivity.

The Commission considers that the territorial exclusivity afforded by the Santiago Agreement to each of the participating societies is not justified by technical reasons and is irreconcilable with the world-wide reach of the Internet.

The current rules are too focused on territorial exclusivity clauses.

The TTBE covers, under Article 1, only territorial exclusivity and does not block exempt licenses where exclusive rights are granted to the licensee in respect of a customer group or field of use.

The TTBE covers under Article 1 only one type of exclusive licence, i.e. a licence where the licensee is granted territorial exclusivity.

As a result, these clauses grant ‘absolute territorial exclusivity’ to Sky UK and/or other broadcasters.

The marketing of broadcasting rights on the basis of territorial exclusivity is tantamount to profiting from the elimination of the internal market.

The Court held that certain licensing provisions preventing a satellite broadcaster from providing its broadcasts to consumers outside the licensed territory enable each broadcaster to be granted absolute territorial exclusivity in the area covered by the license, thus eliminating all competition between broadcasters and partitioning the market in accordance with national borders.

It would also have been desirable to draw a distinction between the restraints expressly allowed by the Regulation (such as territorial exclusivity and the ban on sales to independent resellers) on the one hand, and those restraints which result from the practices of operators which violate the limits laid down in the regulation for the applicability of exemption (such as barriers to passive sales to final consumers, or transactions between authorised dealers, relating to the location of those consumers or dealers within the Community territory).

In order to ensure the territorial exclusivity, online service providers often undertake, in their licence contracts with right holders, including broadcasting organisations or events organisers, to prevent their subscribers from accessing and using their service outside the territory for which the service provider holds the licence.

As has been observed above, when the parties are in a vertical relationship, territorial exclusivity and customer exclusivity produce similar positive effects (i.e. solving free-riding and hold-up problems) and in general produce similar negative effects (i.e. foreclosure and facilitating market partitioning).

With regard to the blacklist clauses, the Committee is greatly concerned about the clause contained in Section V, point 3 of the Communication, which substantially modifies the previous interpretation of territorial exclusivity.

With regard to the blacklist clauses, the Committee is greatly concerned about the clause contained in Section V, point 3 of the Communication, which, as mentioned in point 3.11 above, substantially modifies the previous interpretation of territorial exclusivity.

The Court noted that licensing provisions preventing a satellite broadcaster from providing its broadcasts to consumers outside the licensed territory enable each broadcaster to be granted absolute territorial exclusivity in the area covered by the license, thus eliminating all competition between broadcasters and partitioning the market in accordance with national borders.

In fact, licence conditions limiting the licensee's activity to a certain field of use are exempted under Article 2 only if contained in agreements complying with the conditions of Article 1 (i.e. in licences providing for territorial exclusivity).