The EU Court of Justice holds that suppliers of luxury goods may under certain conditions restrict authorised retailers in a selective distribution system not to sell their goods via third-party online platforms to preserve their products’ ‘luxury image’ (Coty Germany / Parfümerie Akzente)

I. Introduction On 6 December 2017, the European Court of Justice (ECJ) handed down its long-awaited judgment on the permissibility of restrictions by suppliers of luxury goods to sell their products via third-party online platforms under Article 101 (1) TFEU. The question has been subject to a lively debate and inconsistent views between the German Federal Cartel Office and the European Commission as well as among German courts. The ECJ's decision provides important clarifications with practical implications for suppliers as well as members of selective distribution systems, but also leaves room to interpretation to national courts. Following a brief presentation of the facts (II.) we will provide an overview of the main lines of argument by the Advocate General Wahl (III.) as

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Authors

  • Hogan Lovells (Munich/Frankfurt)
  • Freshfields Bruckhaus Deringer (Berlin)

Quotation

Christian Ritz, Mariya Serafimova, The EU Court of Justice holds that suppliers of luxury goods may under certain conditions restrict authorised retailers in a selective distribution system not to sell their goods via third-party online platforms to preserve their products’ ‘luxury image’ (Coty Germany / Parfümerie Akzente), 6 December 2017, e-Competitions Platforms, Art. N° 85410

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