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Restrictions on the use of third-party platforms in selective distribution agreements for luxury goods

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journal contribution
posted on 2017-02-07, 14:11 authored by Anne C. Witt
This contribution considers whether a manufacturer of luxury goods, who operates a selective distribution system, may lawfully ban its appointed dealers from selling the contract goods via third-part online platforms under the EU competition rules. On the basis of an analysis of the relevant legal provisions and the existing case law, it is suggested that, while the aim of protecting a luxury image should in principle be considered a legitimate objective under Article 101 TFEU, a blanket ban that does not take into account the characteristics of the third-party platform should be deemed disproportionate. However, a ban on the use of third-party platforms should not be seen as a hardcore restriction within the meaning of Article 4 of Regulation (EU) no 330/2010, as long as the distributor has other viable options of selling the goods via the Internet.

History

Citation

European Competition Journal, 2017

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

  • AM (Accepted Manuscript)

Published in

European Competition Journal

Publisher

Taylor & Francis (Routledge)

issn

1744-1056

eissn

1757-8396

Acceptance date

2017-02-06

Copyright date

2017

Available date

2018-08-23

Publisher version

http://www.tandfonline.com/doi/abs/10.1080/17441056.2017.1292718

Notes

The file associated with this record is embargoed until 18 months after the date of publication. The final published version may be available through the links above. Following the embargo period the above license applies.

Language

en

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