Although the decision appears on its face to be a positive development for online marketplaces, it is does not definitively resolve questions of liability. On 2 April 2020, the Court of Justice of the European Union (CJEU)...more
The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more
Since last year’s “Coty” judgment of the European Court of Justice (ECJ), it may have seemed settled that authorized dealers in a selective distribution network can be prohibited from selling products via third-party...more
Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more
The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more
Competitive markets and squeezed margins are forcing retailers to be more innovative in their advertising efforts. More frequently, we are seeing advertisements for "free trial" periods for goods and services, often leading...more
When is pricing discriminatory? We reported in January 2017 on how a Portuguese Court had asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent...more
The Ruling: On December 6, 2017, the Court of Justice of the European Union ("CJEU") issued its long-awaited judgment in the Coty case, which clarifies the extent to which an online platform ban within a selective...more
The Court of Justice of the European Union (CJEU) has handed down its much-anticipated judgment in Case C-230/16 Coty Germany GmbH v Parfümerie Akzente GmbH (Coty). The case concerns the legality of a prohibition of sales on...more
In what is being hailed as landmark case in distribution law, the Court of Justice of the European Union (the ‘CJEU’) on 6 December 2017 gave a judgment confirming that luxury goods suppliers can ban sales through online...more