The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon)

On 14 July 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between Nike European Operations Netherlands B.V. (“NEON”) and Action Sport SOC. COOP, A.R.L. (“Action Sport”), an Italian retailer of Nike’s sportswear, footwear and related products. The Court upheld the findings of the District Court that Nike’s platform sales restrictions are legal (see VBB on Competition Law, Volume 2017, No. 10). The facts of the case were that Action Sport, a member of NEON’s selective distribution system in Europe, had offered Nike products on Amazon, contrary to the terms of NEON’s Distribution Policy (the “Policy”), which only permitted a NEON authorised retailer to display Nike products for sale online either on its own webstore or on a web-

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  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, Anna Jorna, The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon), 14 July 2020, e-Competitions Vertical restrictions and e-commerce, Art. N° 97159

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