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If you`ve kept up to date with EU competition law, you`ll probably have heard of the Coty case. In 2017, the Court of Justice of the European Union confirmed that luxury brands in a selective distribution network could prevent retailers from selling their products through third-party online platforms such as Amazon and eBay, when: • distributors are selected on the basis of objective and qualitative criteria; • the application of the criteria in a uniform and non-discriminatory manner; • the criteria do not go beyond what is necessary; • the limitation of proportionality as regards the maintenance of the luxury image of goods. Article 4 of the Competition Protection Act No. 4054 (“Law No. 4054”) provides that agreements between undertakings intended, having the effect or likely effect of preventing, distorting or restricting competition are illegal and prohibited. In November 2018, we reported that the European Commission had announced a review of EU distribution rules. It has just published a summary of the results of its public consultation on the Green Block Exemption Regulation (which expires on 31 May 2022) and the accompanying guidelines. During (…) Vaber contains a list of severe (hardcore) restrictions of competition which, when included, completely remove the benefit of the block exemption from the agreement. This does not necessarily mean that the agreement or the corresponding restrictions referred to in Article 101(2) are not enforceable. There are two situations in which this will not be the case, but both are difficult to apply in practice: if you can meet all four criteria, your agreement is eligible for an individual exemption and does not violate EU competition law.

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