The EU Court of Justice hands down an anticipated judgment on the possibility for a producer of luxury goods to restrict the selling of goods on third party online platforms outside of its selective distribution network (Coty)

On 6 December 2017, the Court of Justice of the European Union (the ECJ or the Court) handed down its eagerly anticipated judgment in Coty (C-230/16). In general, the ECJ closely follows the opinion of Advocate General Wahl (AG Wahl), published on 26 July 2016, in essentially holding that: the nature of luxury products justifies the use of selective distribution under Article 101(1) to preserve their luxury image, provided that the system itself meets the remaining established conditions of the case law;a prohibition on selling those goods on third party online platforms in a manner discernible to consumers is in principle compatible with Article 101(1) where it is intended to ensure the luxury image of those goods; anda prohibition on selling those goods on third party online

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  • Van Bael & Bellis (Brussels)

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Andrzej Kmiecik, The EU Court of Justice hands down an anticipated judgment on the possibility for a producer of luxury goods to restrict the selling of goods on third party online platforms outside of its selective distribution network (Coty), 6 December 2017, e-Competitions Bulletin December 2017, Art. N° 85459

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