From: Rob Morley on
On Wed, 10 Mar 2010 11:45:17 -0000
"Niel J Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote:

> And what is to stop online sellers just 'opening' a B&M store from
> their current stores/home

Planning permission, business rates ...

From: Dodgy Geezer on
Fran wrote:
> "Niel J Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote in
> message news:hn817u$2dsl$1(a)energise.enta.net...
>> "Fran" <autumnacorn(a)vendredi.fr.com> wrote in message
>> news:hn80qi$v49$1(a)news.eternal-september.org...
>>> "Niel J Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote in
>>> message news:hn7vtf$2bqp$1(a)energise.enta.net...
>>>> "In the next few days the European Union will finalise changes to the
>>>> rules governing online stores. If you are selling branded goods you
>>>> could be required to have a real-world, 'bricks and mortar shop' as well
>>>> as your online store. No 'bricks and mortar shop', no online store. "
>>>>
>>>> Is this just applicable to branded goods in the way of designer goods
>>>> does anyone know?
>>>>
>>> Daft question: are you sure it's a real EBay email?
>>
>> I think so, I clicked on the link to the survey which did not ask for any
>> login details etc & the email did come from the same company conducting
>> the survey,
>>
>> Also TameEbay picked this up last month
>> http://tamebay.com/2010/02/eu-may-allow-manufacturers-to-insist-on-bm.html
>>
>>
>
> As you say, unenforceable. And pretty daft, given how many market leaders
> are web only. Are Amazon supposed to open a B&M......? I think not.
>

It's just to force all these garden shed sellers into the open, they
don't like anyone doing anything they don't know about, especially
earning money.

This government would love it but it's not going to happen.
From: Fran on

"Dodgy Geezer" <dodgy.geezer(a)ntlworld.com> wrote in message
news:3tQln.271328$kR2.112560(a)newsfe05.ams2...

> It's just to force all these garden shed sellers into the open, they don't
> like anyone doing anything they don't know about, especially earning
> money.
>

That's not the reason.


From: Peter Parry on
On Wed, 10 Mar 2010 11:30:56 -0000, "Niel J Humphreys"
<admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote:

>
>Is this just applicable to branded goods in the way of designer goods does
>anyone know?

it is a consultation exercise on "vertical agreements". The main
proponents of the "bricks and mortar" clause are the French so it will
probably be shoved/bribed through in some form. Mainly it will
apply to luxury goods where the manufacturer believes that unless the
product is bought with the right ambience the customer experience is
diminished - i.e. the French perfume manufacturers don't like on-line
stores flogging their stuff at half price. Expect it to apply to
fashion items as well.

Currently there is a Block Exemption Regulation on vertical restraints
which expires in May 2010. This allows certain restrictive trade
practices.

The current rules are at
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000Y1013%2801%29:EN:HTML
I wouldn't read these unless you suffer from severe insomnia and need
something powerful to put you to sleep.

http://ec.europa.eu/competition/publications/brochures/rules_en.pdf
is a reasonably readable brochure on it.

http://ec.europa.eu/competition/consultations/2009_vertical_agreements/index.html
includes all the responses

The eBay one by the way is 33MB in size!

The proposed rules are at
http://ec.europa.eu/competition/consultations/2009_vertical_agreements/draft_notice_en.pdf
para 54 is the one referred to.

"(54) Notwithstanding what has been said before, under the block
exemption the supplier may require quality standards for the use of
the Internet site to resell his goods, just as the supplier may
require quality standards for a shop or for advertising and promotion
in general. The latter may be relevant in particular for selective
distribution, where under the block exemption the supplier may require
its distributors to have a brick and mortar shop or showroom before
engaging in online distribution. The same considerations apply to
selling by catalogue. In an individual case, besides the possibility
to plead an efficiency defence under Article 81(3) EC, an outright ban
on Internet or catalogue selling may be objectively necessary and
fall outside Article 81(1) EC and will thus not be considered to be a
hardcore restriction if it does not restrict competition that would
take place in its absence given specific circumstances in which the
agreement operates, such as when its purpose is to align on a
public ban on selling dangerous substances over the Internet or by
mail order for reasons of safety or health. In any case, the supplier
cannot reserve to itself sales and/or advertising over the Internet. "

(As the rest of the document is equally clearly written - do not read
it while operating machinery)
From: Peter Parry on
On Fri, 12 Mar 2010 21:44:56 +0000 (UTC), Moog <efcmoog(a)gmail.invalid>
wrote:

>European union business "rules" are not laws.

Yes they can be. If a Directive is introduced as a maximum
harmonisation measure or using some of the extra provisions introduced
in the Lisbon non-treaty then they become law in all member states
immediately. Parliament has no say in the matter.

>They are not enforcable and simply guidelines.

Wrong (or at least very out of date).

>Refer to the 2 year EU
>warranty, for instance. It is a "directive".

No it isn't. There never has been a "2 year EU warranty", just a lot
of people who couldn't read.

>The only laws that matter are ones passed within the UK.

You have obviously been asleep for a decade.
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