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
The judgement clarifies
the important subject of selective distribution contracts.
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 Article101.1 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.