Delivery block

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A delivery block (also: Business refusal English or refusal to supply ) is in competition law a form of non-price related exclusionary conduct by a dominant or market-strong company. These are cases in which companies in a usually accessible market, unlike others, are not supplied.

In principle, companies that have a dominant or strong market position are also free to design their sales. Within one of the distribution systems they practice, however, they are limited by § 20 and § 19 GWB. In particular, individual customers may not be excluded from delivery without a legally approved reason. For example, the only local radio taxi center may not refuse to accept additional members or refuse to work with them. Ultimately, in order to assess the admissibility of a delivery block, interests must always be weighed with regard to the objective of the GWB, free competition. For example, a manufacturer does not have to supply a repair company with spare parts if its services are poor.

The call to block deliveries is covered by Section 21 (1) GWB, the ban on boycott. It also applies to non-dominant companies. One example is the milk delivery stop in 2008 .

Individual evidence

  1. BGH, decision of 10-11-1992 - KVR 26/91 = NJW 1993, 1710
  2. Emmerich, Antitrust Law. 12 ed. § 29 marginal no. 59