Selective distribution systems and the prohibition of online sales on
marketplaces in the luxury goods sector
On December 6, 2017, the European Court of Justice
handed down its ruling in the Coty case in Germany.
The judgement clarifies the important subject of selective
The Court of Justice has infact confirmed that a
contractual clause that prohibits to authorized distributors of a selective
distribution system for luxury goods, to use, in a discernible manner, third-party
platforms for the internet sale of products which are the subject matter of the
contract (so-called marketplaces such as Amazon, Ebay) lawful under Article
101.1 TFEU, and therefore it does not restrict competition, where such
prohibition has the objective of preserving the luxury image and quality of the
goods in question.