The Hamburg Higher Regional Court finds that a ban on selling products through online platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers in the light of the Coty judgment (Aloe2Go)

The Higher Regional Court of Hamburg had the opportunity to establish a position regarding potential restrictions of competition in selective distribution arising out of bans on selling products through eBay and similar platforms. The Higher Regional Court referred to recent case law of the CJEU (judgments of 13 November 2011 – C-439/09 – Pierre-Fabre, and 6 December 2017 – C- 230/16 – Coty) regarding selective distribution. The Higher Regional Court found that not only luxury products and technically high-quality products can be subject to qualitative selective distribution, but also other products, provided that they are of high quality and destined to be accompanied by skilled consultation aimed at emphasising the product’s quality and preserving and strengthening its image.

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Authors

  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Paris)
  • Norton Rose Fulbright (Brussels)

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The Hamburg Higher Regional Court finds that a ban on selling products through online platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers in the light of the Coty judgment (Aloe2Go), 22 March 2018, e-Competitions Vertical restrictions and e-commerce, Art. N° 89678

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