Question
Please assess the following case under Art. 101 TFEU ( Treaty On The Functioning Of The European Union) and the VBER( Vertical Block Exemption Regulation).
Please assess the following case under Art. 101 TFEU ( Treaty On The Functioning Of The European Union) and the VBER( Vertical Block Exemption Regulation). Assume (and do not explain) that C is an undertaking in the meaning of Art. 101 TFEU.
CASE: Company C is a manufacturer of medical devices. C plans to enter into certain European markets within the next months. The management of C considers to work together with independent resellers or sales agents. Against this background the management of C has the following questions:
Is it possible to impose a non-compete obligation on independent resellers and/or sales agents (i.e. the obligation not to cooperate with third party manufacturers of medical devices and/or to become a manufacturer of medical devices) for the next 6 years?
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