On 25 November 2009, the Higher Regional Court of Karlsruhe confirmed a judgement of the Regional Court of Mannheim [1] and therewith dismissed the appeal of the plaintiff. The question at stake was whether the defendant Scout had an obligation to supply an authorised distributor of a selective distribution system who – contrary to the selection criteria of the supplier – sold the products via the internet auction platform eBay. Facts The plaintiff is a specialist retailer for luggage, bags and satchels. The plaintiff has a shop, but also sells its products via the internet auction platform eBay. The defendant is a manufacturer of satchels and school backpacks under the brand "Der echte Scout" ("The real Scout"). The defendant sells its products via two distribution channels: (i) via
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The Karlsruhe Higher Regional Court decides that sales via an internet auction platform can be prohibited in a selective distribution system if the selection criteria are objective and applied in a non-discriminatory manner (Scout)
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