AG Opinion in Coty: Luxury goods and online marketplace bans

On 26 July 2017, Advocate General Nils Wahl delivered his Opinion to the EU Court of Justice in Coty Germany GmbH v. Parfümerie Akzente GmbH.

The key legal question in this case is hotly debated: can members of a selective distribution system for luxury goods be legally prohibited from selling on online marketplaces?

AG Wahl invites the Court to rule that such online marketplace bans, first, are not anti-competitive, provided they satisfy three criteria; and, second, even if such a ban does restrict competition, it does not constitute a “hardcore” restriction on competition and could be exempted under Article 101(3) TFEU.

The opinion will be welcomed by the luxury goods industry.

Read our full report on the Luxury goods and online marketplace bans.