Selective distribution and online sales – where are we heading?

Distribution agreements and online sales – particularly restrictions on online sales – have been a hot topic among suppliers, their advisors and competition authorities in many jurisdictions for more than a decade.

In May 2017, the European Commission published its final report on the e-commerce sector inquiry and we have already had some interesting national and European cases since then. The Commission’s report as well as the case law highlight topics such as increased price-transparency, the exclusion of ‘pure’ online retailers, the use of geographical restrictions (so-called geo-blocking), restrictions on the use of marketplaces, and price comparison tools.

We give legal insights to these topics and some of the most important national differences in our paper on selective distribution and online sales.

Find the paper here: Selective distribution and online sales – Where are we heading?

Judgment in the Coty case: Prohibition against use of third party’s online platform was not unlawful

On 6 December 2017, the European Court of Justice delivered the long-awaited judgment in the Coty case. The ECJ ruled that the cosmetics manufacturer Coty’s prohibition against its distributors’ internet sale via third parties like Ebay and Amazon was not unlawful. The matter preoccupies many businesses and national competition authorities and this judgment brings more clarity about the legal position within the area – especially for high-end brands. (more…)