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Title: Restrictions on the use of third-party platforms in selective distribution agreements for luxury goods
Authors: Witt, Anne C.
First Published: 23-Feb-2017
Publisher: Taylor & Francis (Routledge)
Citation: European Competition Journal, 2017
Abstract: This contribution considers whether a manufacturer of luxury goods, who operates a selective distribution system, may lawfully ban its appointed dealers from selling the contract goods via third-part online platforms under the EU competition rules. On the basis of an analysis of the relevant legal provisions and the existing case law, it is suggested that, while the aim of protecting a luxury image should in principle be considered a legitimate objective under Article 101 TFEU, a blanket ban that does not take into account the characteristics of the third-party platform should be deemed disproportionate. However, a ban on the use of third-party platforms should not be seen as a hardcore restriction within the meaning of Article 4 of Regulation (EU) no 330/2010, as long as the distributor has other viable options of selling the goods via the Internet.
DOI Link: 10.1080/17441056.2017.1292718
ISSN: 1744-1056
eISSN: 1757-8396
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © Taylor & Francis, 2017. This version of this article is distributed under the terms of the Creative Commons Attribution-Non Commercial-No Derivatives License ( ), which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made.
Description: The file associated with this record is embargoed until 18 months after the date of publication. The final published version may be available through the links above. Following the embargo period the above license applies.
Appears in Collections:Published Articles, School of Law

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