While exclusive distributors may be prohibited from making active sales outside their territory, in order not to encroach on the area allocated to other members of the network, all distributors must be able to respond to unsolicited requests from customers even if they are located outside the territory from which they operate. Like the European authorities, the French Competition Authority considers that the absolute territorial protection granted to members of a distribution network by a ban on passive sales is anti-competitive and infringes the provisions of Article L. 420-1 of the Commercial Code. This practice also excludes the benefit of the de minimis rule under Article L. 464-6-1 of the Commercial Code and is subject to review regardless of the market share of the parties to the agreement (Commercial Code, Art. L. 464-6-2, b).
