15. January 2018

Thouvenin Distribution Newsletter: The Coty judgment of the ECJ and its importance for Switzerland

The Coty judgment will have a relevant impact on the practice of the Swiss Competition Commission and Swiss competition law. Accordingly, with regard to selective distribution systems for luxury goods and other high-quality and/or high-technology products in Switzerland, it is permissible to impose restrictions on authorized resellers for sales via discernible third-party platforms, such as Amazon, eBay, and Zalando. This key takeaway from the Coty case may open the opportunity for producers and suppliers which operate a selective distribution system to fine-tune their online sales guidelines for authorized resellers.

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