By Miles Trower
Last month the Competition Appeal Tribunal (CAT) confirmed that an online sales ban in the context of selective distribution agreements constituted a restriction of competition by object.
The CAT gave judgment in the appeal by Ping Europe Limited (Ping) against the decision of the UK Competition and Markets Authority (CMA). The CMA’s decision was that Ping had breached the Chapter I prohibition of the Competition Act 1998 and Article 101 of the Treaty on the Functioning of the European Union by operating an online sales ban that was not objectively justified.
