ADVOCATE GENERAL WAHL CONCLUDES THAT RESTRICTIONS ON SALES THROUGH ONLINE PLATFORMS ARE LEGAL

The Advocate General’s Opinion regarding the preliminary ruling before the European Court of Justice in Case C-230/16, Coty Germany, has been issued today. He suggests the European Court of Justice to conclude that a supplier of luxury cosmetics can legally impose certain contractual limitations on members of its selective distribution network, namely the possibility to prevent them from selling through online third party platforms such as Amazon and eBay. Coty is a manufacturer and wholesaler of luxury cosmetics. One of its authorized distributors, Parfümerie Akzente GmbH, sells through physical and online stores (both through its...

Pricing algorithms: next enforcement challenge for Competition Authorities?

The potential anticompetitive impact of the automation of decision-making has become a topic of great interest in recent times. Self-learning pricing algorithms are focusing the agenda from the European competition authorities due to two potential harmful effects on business conduct: price discrimination and collusive practices. It is precisely the second effect that is generating greater uncertainty and debate. One of the key questions is whether it is possible to design a fully-autonomous software capable of colluding without any explicit human intervention and contact between competitors.