The Advocate General's Opinion in case C-581/23 addresses the complexities of exclusive distribution agreements under EU competition law, particularly focusing on the rights of exclusive distributors against active sales by other buyers.

Beevers Kaas, the exclusive distributor of Beemster cheese in Belgium, has accused the Albert Heijn companies of infringing its exclusive rights by engaging in activities that undermine its distribution agreement with the Dutch producer Cono. The Albert Heijn companies contest these allegations, arguing that they are not bound by an active sales ban.

The Advocate General proposes recognizing a 'parallel imposition requirement' within Article 4(b)(i) of Regulation No 330/2010, which would require suppliers to protect their exclusive distributors from active sales by all other buyers. This requirement is contingent upon the exclusive distributor being encouraged to invest in sales activities within their territory.

Furthermore, the Advocate General emphasizes that mere inactivity by other buyers is insufficient to demonstrate compliance with this requirement. Instead, there must be evidence of acquiescence, either express or tacit, from the other buyers regarding the active sales ban.

The Opinion also addresses the timing of this acquiescence, stating that suppliers must show that all other buyers accepted the active sales prohibition throughout the entire period for which they seek the benefits of the block exemption.

It is important to note that the Advocate General's Opinion is not binding, and the Court of Justice will make the final ruling in this case.