Does Amazon comply with EU competition law? Some initial thoughts on the new Commission investigation

A few days ago the European Commission opened a preliminary investigation against Amazon to assess whether the American company is engaging in anticompetitive conducts. The Commission is concerned by the dual role of Amazon, which is at the same time owner of the biggest online market place and a seller of its private label products therein. Since Amazon obtains a significant amount of data from the transactions occurring on its market place, DG Comp suspects that Amazon might be using this information to better tailor its private label offer and eventually exclude the other retailers active on the market place. Continue reading “Does Amazon comply with EU competition law? Some initial thoughts on the new Commission investigation”

CJEU (C-230/16, Coty Germany): sales via internet platforms can be prohibited within selective distribution systems

On December 6, the Court of Justice of the European Union (CJEU) delivered its final ruling in the Coty case. This is a landmark judgment, since it will have a strong impact on the internet sales strategies of all those companies that, in order to preserve the quality of their products and ensure their proper use, want to use a selective distribution system. In this regard, it has to be recalled that from the perspective of EU competition law, selective distribution is a distribution system where the supplier undertakes to sell the contract goods or services only to retailers which meet specified qualitative criteria and where these retailers undertake to sell such goods only to final consumers or to other authorised retailers within the territory reserved by the supplier to operate that system.

Continue reading “CJEU (C-230/16, Coty Germany): sales via internet platforms can be prohibited within selective distribution systems”