The Frankfurt Court of Appeals refers how to treat bans on sales via third-party internet platforms to the European Court of Justice

The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (see judgment of October 13, 2011, case C-439/09) have been on the agenda in Germany for some time. Recently, the Frankfurt Court of Appeals has submitted a request for preliminary ruling to the Court of Justice (see decision of April 19, 2016, case 11 U 96/14 (Kart)). Ban on sales via third-party internet platforms Such a ban typically occurs in a selective distribution system in a scenario in which the authorized dealers are subject to certain restrictions for online sales, for example to have a brick and mortar shop that needs to meet certain qualitative criteria, and to meet equivalent criteria on their own

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  • McDermott Will & Emery (Washington)

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Mary Strimel, The Frankfurt Court of Appeals refers how to treat bans on sales via third-party internet platforms to the European Court of Justice, 19 April 2016, e-Competitions Bulletin July 2016, Art. N° 80207

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