🚀🚀France's Competition Authority “The Autorité de la Concurrence” Has Fined Rolex €91,600,000 for restricting its authorized retailers in France from selling Rolex Watches Online
🎯Alleged Violation
-The Autorité has stated that the terms of the selective distribution agreement between Rolex France and its retailers constitute a vertical agreement that restricts competition.
-The selective distribution agreement regulating relations between Rolex and its retailers prohibited the latter from selling the brand’s watches by mail order and, a fortiori, via the Internet. In a letter to one of its retailers, Rolex acknowledged this ban: “we confirm that under no circumstances can our Authorised Retailers, who are the only parties authorised to sell our products, do so via the Internet or by mail order. Any sales via the Internet contravene the provisions of Article IV.3.b of the Selective Distribution Agreement signed by all our Authorised Retailers.”
🎯Arguments
Rolex France’s argument is that the ban on online selling can prevent counterfeiting and parallel trade. The Autorité gave response that these objectives and arguments presented by Rolex can be achieved by means that are less restrictive of competition.
���As to me, most important thing in this decision is that Autorité evaluated the arguments and, enforceability of the objectives, that Rolex aimed by restricting online sales, in terms of proportionality.
🚀In a nutshell, restriction of online sales is deemed measure of the last resort under this decision.
Link: https://lnkd.in/djdGAjNE
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