EU competition rules and marketplace bans: Where do we stand after the Coty judgment?

Author (Corporate)
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Series Details Number 1
Publication Date April 2018
ISBN 978-92-79-81339-9
ISSN 2315-3113
EC KD-AK-18-001-EN-N
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In its Coty judgment, the Court of Justice confirmed that selective distribution systems designed to preserve the luxury image of products can comply with Article 101(1) TFEU. Analysis of whether or not a marketplace ban in a selective distribution agreement escapes the application of Article 101(1) TFEU must be based on the so-called Metro-criteria. Even if marketplace bans were to restrict competition in individual cases, they do not constitute a hardcore restriction under Articles 4 b) or 4 c) of the Vertical Block Exemption Regulation.

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The Competition Policy Briefs are occasional papers by staff of the Competition Directorate-General of the European Commission about policy issues and key cases.

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