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The Commercial Agents (Council Directive) Regulations 1993

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3.  The following are indications that an arrangement falls within paragraph 2 above, and the absence of any of them is an indication to the contrary—

(a)the principal is the manufacturer, importer or distributor of the goods;

(b)the goods are specifically identified with the principal in the market in question rather than, or to a greater extent than, with any other person;

(c)the agent devotes substantially the whole of his time to representative activities (whether for one principal or for a number of principals whose interests are not conflicting);

(d)the goods are not normally available in the market in question other than by means of the agent;

(e)the arrangement is described as one of commercial agency.

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