The EU Court of Justice holds that a restriction imposed on an authorised retailer not to sell goods through online third-party platforms does not constitute an infringement (Coty Germany / Parfümerie Akzente)

In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article 101(1) TFEU provided that the following conditions are met: the objective of the restriction is to preserve the luxury image of the goods concerned, it is applied objectively and in a non-discriminatory manner and the restriction is proportionate and does not go further than necessary. The CJEU therefore treats the ban on third-party online platforms as a qualitative restriction that is necessary to protect the image of the goods concerned, rather than as a restriction of the customers to whom

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Kyriakos Fountoukakos, André Pretorius, The EU Court of Justice holds that a restriction imposed on an authorised retailer not to sell goods through online third-party platforms does not constitute an infringement (Coty Germany / Parfümerie Akzente), 6 December 2017, e-Competitions Platforms, Art. N° 93660

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