How a Sustainability Twist Might Justify Online Selling Restraints in Selective Distribution: Revisiting Pierre Fabre and Coty

How a Sustainability Twist Might Justify Online Selling Restraints in Selective Distribution: Revisiting Pierre Fabre and Coty

Journal article

1 electronic resource (page 618–627)

The emergence of internet marketplaces as integral sales channels has brought attention to legal complexities within the European Union (EU), particularly concerning competition and trademark laws. Recent rulings by the Court of Justice of the European Union (CJEU), as evidenced in the landmark decisions Pierre Fabre and Coty, illuminate the nuanced interplay between intellectual property rights exhaustion and fair competition in online sales, particularly within selective distribution systems (SDS). Despite the European Commission’s efforts to address certain challenges in the revised block exemption package, unresolved issues persist regarding the legality and justification of online sales bans and their impact on competition and trademark rights within vertical agreements. This paper advocates the development of a comprehensive legal framework that manoeuvres these complexities, incorporating sustainability as an integral aspect of the discussion. Such a framework would not only support the EU’s sustainability goals for 2050 (European Commission, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM (2019) 640 final (11 December 2019)) but also safeguard brand integrity while fostering a competitive market environment.

Crossref

GRUR International ; 74, 7, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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