Traduction de «Contrat de vente sous la marque du distributeur » (Français → Anglais) :

private-label packaging

private label goods

subcontract of sale subcontract of sale | sub-contract of sale sub-contract of sale

The cartel concerned canned mushrooms sold in tins and jars (i.e. not fresh or frozen mushrooms) for private label sales in the European Economic Area (EEA) .

Points out that any serious analysis of UTPs must take as its starting point the new economic paradigm that has emerged over the last few years: large-scale retail in which access to sales outlets has become the subject of fierce competition under the control of the supermarkets; points out that some competition authorities have identified specific practices involving the transfer of excessive risk to suppliers which could render them less competiti ...[+++]ve; points out that those authorities have also concluded that own brands bring in an element of horizontal competition vis-à-vis industry brands that has not been given sufficient consideration.

Points out that while private, own-brand labelled products can bring increased value, choice and ‘fair trade’ products to consumers, they also represent a strategic issue in the medium- and long-term, as they introduce a horizontal dimension to competition in respect of industrial brands that had never previously been a factor and that can give an unfair and anti-competitive position to retailers, who become both customer and competitor; draws attention to the existence of a ‘risk threshold’ beyond which the market penetration of own brands in a given category of product could turn the current positive effects of own brands into negativ ...[+++]e effects, and provide a disincentive as regards the innovative efforts of many companies; insists, therefore, that the issue of private own-brands requires particular attention from the Commission and competition authorities, specifically with regard to the need to assess the potential long-term consequences for the supply chain and the position of farmers within it, while bearing in mind that consumer habits in Member States vary.

Is Article 5(1) and (3) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (2) to be interpreted in such a way that it must be viewed as constituting ‘[use] in the course of trade’ of a trade mark in a Member State if an undertaking enters into an agreement via a website in a third country ...[+++] for the sale and dispatch of goods bearing the trade mark to a private purchaser with an address known to the vendor in the Member State where the trade mark is registered, receives payment for the goods and effects dispatch to the purchaser at the agreed address, or is it also a condition in that situation that the goods must have been the subject, prior to the sale, of an offer for sale or an advertisement targeted at, or shown on a website intended for, consumers in the State in question?