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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.