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3.4 Restrictions to parallel trade
Vertical agreements may be legally problematic if they lead to resale price maintenance, exclusivity, preferential treatment, parallel trade and category management.
Parallel trade (in Danone also referred to as cross-border trade) is the process by which a non- counterfeit product that has been introduced in one market is imported by an intermediary into a second market.
As set out in detail in Annex 1, Danone may in principle not restrict parallel trade within the EU/EEA.
Whether it is admissible to impose limitations on (a) parallel trade outside the EU/EEA and (b) imports from/to the EU/EEA depends on the local rules of trade mark exhaustion and possibly on whether Danone is market dominant (see under 4).
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