The German Federal Court of Justice recently upheld a finding by Germany’s national competition authority that sporting goods company ASICS cannot prohibit its dealers from using online price comparison engines. The court found that per se prohibitions on the use of price comparison engines that are not linked to quality requirements violate EU law. The court indicated that some restrictions on online sales may nonetheless be permissible, such as restrictions on the sale of luxury goods on third-party platforms to control product quality.
*This alert was originally posted on Arent Fox's Fashion Counsel blog. To read this alert in its entirety, please click here.