Hamburg Appeals Court Upholds Marketplace Ban
"The extent to which a brand that sells its products through selective distribution can prevent its authorised resellers from using third party marketplaces to sell online has become one of the most hotly contested questions in EU competition law over recent years. In December last year, the hotly anticipated Coty judgment of the Court of Justice of the European Union confirmed that a manufacturer of luxury perfumes could lawfully impose a blanket restriction on its resellers’ use of marketplaces. A more recent judgment of the Hanseatic Higher Regional Court in Hamburg, in which the OLG moved away from the narrow focus on luxury adopted by the CJEU in Coty, underlines the high degree of control that brands enjoy over the distribution of their products under the current competition regime."
This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.