Regulatory risk update: online sales restrictions under scrutiny of European Antitrust Authorities
Competition authorities in Europe are clamping down on restrictions or bans on online sales, especially sales over internet platforms such as Amazon and eBay.
As a general principle, the EU Commission considers that every distributor must be allowed to use the internet to sell products (Vertical Guidelines). However, in the case of third-party internet platforms, the EU Commission accepts that a supplier may restrict sales over those platforms by requiring that customers do not visit the distributor’s website through a site carrying the name or logo of the third-party platform (paragraph 54 of the Vertical Guidelines). Other competition authorities, including the German FCO, appear to diverge from this approach and require ‘objective reasons’ for banning sales via certain online platforms.
The prohibition on anti-competitive agreements (article 101(1) Treaty of the European Union, TFEU) does capture vertical agreements that try to limit or ban online sales. However, the prohibition can be exempted (i.e. be lawfully implemented) if the Vertical Agreements Block Exemption (VABE) is applicable, and providing there are no hardcore restrictions…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
‘Company Doe’ wins challenge but loses anonymity — ruling makes it tougher to confront erroneous online claims
A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents.
The amendment has not yet been extended by ministerial decree to all companies falling within the scope of the Syntec agreement.
Analysis from The Lawyer
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions
The fragile refinance market is back in rude health and US-style alternative lenders are stepping up with innovative structures to sustain the recovery