The Higher Regional Court of Frankfurt rules on restrictions on the use of online platforms and price comparison websites in a selective distribution system (Deuter)

On 22 December 2015, the Higher Regional Court of Frankfurt (the “Court”) issued a ruling on appeal concerning the selective distribution system of Deuter, a producer of quality backpacks. The Court assessed two restrictions imposed by Deuter on the resellers belonging to its selective distribution system: (i) the prohibition to sell Deuter products via the sales platform Amazon.de; and (ii) the obligation to obtain Deuter’s authorisation before advertising Deuter products on speci c price comparison websites. The appeal was brought by a retailer belonging to the selective distribution system (the “Claimant”). The Court found that, since the Claimant is economically dependent on the product range of Deuter, Deuter has superior market power in the sense of Article 20 of the Act against

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The Higher Regional Court of Frankfurt rules on restrictions on the use of online platforms and price comparison websites in a selective distribution system (Deuter), 22 December 2015, e-Competitions Bulletin December 2015, Art. N° 78520

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