| Author (Person) | Witt, Anne C. |
|---|---|
| Publisher | Taylor & Francis |
| Series Title | European Competition Journal |
| Series Details | Volume 12, Number 2-3, Pages 435-461 |
| Publication Date | June 2016 |
| ISSN | 1744-1056 |
| Content Type | Journal Article |
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Abstract: 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. |
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| Source Link | https://doi.org/10.1080/17441056.2017.1292718 |
| Related Links | |
| Subject Categories | Internal Markets |
| Subject Tags | Competition Law | Policy |
