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Time to highlight another case card!
Are you familiar with the Dutch Action Sport v. Nike case?
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? Nike terminated its distribution agreement with its Italian distributor Action Sport for breaching its selective retailer distribution policy by selling Nike products on Amazon, which was an unauthorized platform.
? The policy stipulated that distributors could only sell products online through their own websites, authorized resellers, or authorized third-party platforms. By not adhering to this, Action Sport breached its distribution agreement.
? Action Sport contested the termination, arguing that Nike’s selective distribution system did not meet the Metro criteria and violated Article 6 of the Dutch Competition Act, as Nike’s products are not luxury items.
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Both the District Court of Amsterdam (October 2017) and the Court of Appeal (July 2020) ruled in favor of Nike, determining that their selective distribution policy did not constitute a hardcore restriction. The Court of Appeal hereby referenced to the ECJ’s Coty judgment clarifying that selective distribution systems are not limited to luxury products.
Check out the case card on the DLC platform (https://lnkd.in/eTK-2wxf) to examine all the details of this case!
#LegalUpdate #CompetitionLaw #Distribution #Nike #ActionSport
Lab Tech at Southern Impact Research Center
8 个月Nice! Got those lab guys some love, too!!!