Selective distribution online in the aftermath of the coty Germany case

Authors: Maria Casoria

ABSTRACT

The paper provides an overview of the EU legal framework on vertical restraints as evolved over the years and with a focus on the peculiarities of the selective distribution in the digital marketplace. Then, it highlights the inconsistencies in the European case law which have dealt with the conditions for allowing online sales in distributive networks. The last paragraph emphasises the unresolved questions of the rule of law governing online vertical restraints in Europe, also in comparison with the distribution norms adopted on the other shore of the Atlantic, in the attempt to demonstrate that the planet of the vertical restraints is far from being unveiled.

Keywords: Brand image defence – Buyer power – Coty Germany – Luxury goods – Online sales –Selective distribution –Third-party platforms –Vertical restraints

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