Territorial supply constraints for buyers in the Netherlands

Territorial supply constraints (TLBs) potentially cause price differences between the same products in different European Union member states. TLBs are restrictions that producers impose on their buyers, allowing them to buy only within a certain geographical area. For example, distributors can be prohibited from reselling outside their domain.

Previous research[1] suggests that a significant proportion of buyers in the Benelux also face TLBs. To gain insight into this phenomenon, Ecorys is investigating TLBs that Dutch buyers face, imposed by other EU countries. The research is commissioned by the Ministry of Economic Affairs and Climate Policy.

The study aims to identify which TLBs Dutch companies face and what causes them. The goal is to identify which products, sectors and at what scale buyers face TLBs and what obstacles are involved around product sales. To determine the scope of TLBs, a survey was launched among buyers from Dutch companies.

In addition, the study aims to identify possible solutions that can address TLBs and related obstacles. Here, we look at potential non-legal solutions and solutions that require adaptation of legislation or new Dutch or European legislation.

The research consists of four parts: (1) literature review, (2) survey, (3) interviews and (4) legal analysis. The report is expected to be delivered in autumn 2023.

[1] Secretariaat-Generaal van de Benelux Unie (2018). Territoriale leveringsbeperkingen in de detailhandel in België, Nederland en Luxemburg. Gevolgen voor de Benelux interne markt.