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Decision of 25 November 1997 exempting trade protection agreements in new shopping centres from the prohibition of agreements on competition (Decree-exemption of agreements on trade in agreements)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of our Minister of Economic Affairs of 28 August 1997, No 97053011 WJA/W;
Having regard to Article 15, first paragraph, of the Competition Act ;
The Council of State heard (opinion delivered on 20 October 1997, No W10.97.0567);
Having regard to the further report by our Minister of Economic Affairs of 20 November 1997, No 97072394 WJA/W;
Have found good and understand:
For the purpose of this Decision:
a. shopping centre: a group of establishments which are accessible to the public and which directly supply goods or services directly to end-users, according to the design of construction and in the organisation and presentation;
b. branch protection agreement: an agreement between an enterprise that owns or is the manager of a shopping centre and a other company established in that mall, that extends admission to the public. that shopping centre of undertakings that directly engage in equal or similar goods or services to end-users as already established in the shopping centre or to venture companies.
Article 6, first paragraph, of the Competition Act does not apply to an interbranch protection contract for a period of six years from the date on which the hire was caught by the first undertaking in the relevant shopping centre.
This Decision shall enter into force on 1 January 1998.
This decision is referred to as: Decision exempting trade defence agreements.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 25 November 1997
Beatrix
The Minister for Economic Affairs,
G. J. Wijers
Issued ninth December 1997The Minister of Justice,
W. Sorgdrager
