The Commission seeks feedback to reform the “Vertical Block Exemption Regulation”

The “Vertical Block Exemption Regulation” (“VBER”, Reg. n. 330/2010) and the accompanying Guidelines on Vertical Restraints (“Guidelines”) are now almost nine years old and the European Commission has recently launched an evaluation roadmap to assess whether these documents can still be considered fit or need to be updated in light of the developments occurred over the last years, notably the increased importance of online sales and the emergence of new market players such as online platforms.

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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.

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