Search

The paper analyses the legality of online sales bans in selective distribution agreements in the EU, focusing on the “luxury brand image” justification as per the CJEU judgements and the decisions ...

This comment discusses the case AT.4028 of 17 December 2018, where the European Commission imposed a fine of 39.8 million Euro on clothing company Guess for several restrictive provisions in agreements with its distributors in the EEA, including restrictions of online search advertising and online sales. The case demonstrates that e-commerce leads to disintermediation within the supply chain, which in turn leads to tensions between the manufacturer of branded products and authorized distributors operating in a selective distribution system. The case does not provide, however, much practical guidance on how to align online and offline channels into one distribution system supporting a prestigious image of branded products. Therefore, an example of a distribution system integrating online and offline sales from the practice of the Australian Competition and Consumer Commission is presented.

Filled natural rubber (NR)/cis-1, 4-polybutadiene rubber (BR) blends are commonly used as tire sidewall stocks. However, the incompatibility and mismatched curing rate between NR and BR and selective distribution of fillers in BR phase result in unsatisfied dynamical properties of NR/BR blends. Herein, we have proposed a facile approach to modulate multi-scale structures in NR/BR blends including the polymer and filler network structures by introducing trans-1,4-poly (butadiene-co-isoprene) copolymer (TBIR) with multi trans-1, 4-polyisoprene (TPI) blocks as novel reactive multifunctional compatibilizer. Both DMA and TEM results prove that the incorporation of crystalline TBIR not only improve the compatibility between NR and BR with greatly reduced domain size, but also enhance filler dispersion with reduced filler segregation in BR phase. In addition, the co-vulcanization between NR and BR is enhanced with the incorporation of TBIR which could participate in curing reaction. As a result, NR/BR/TBIR vulcanizates show excellent comprehensive dynamical performances.

Case 50977/2018 Sisley Italia et al v Amazon Core Europe et al (Sisley v Amazon) (2019) District Court of Milan, Commercial Law Chamber, Decision of 28 March 2019 In upholding an application for an interlocutory injunction, the District Court of Milan ordered Amazon to refrain from marketing, selling, promoting or advertising on its Amazon Marketplace Sisley high - quality cosmetics. The court considered that offering luxury products alongside low-quality goods on the same Internet site: (i) is incompatible with the qualitative standards, which the members of the selective distribution system covering the said cosmetics have to respect; (ii) constitutes trade mark infringement as the existence of a lawful selective distribution network is a legitimate reason for the non-application of the exhaustion principle.

The microwave absorbing properties of composites with filler's uniform and selective distribution were comparatively investigated. The calculated and experimental results demonstrated that, compared with the uniform distribution, filler's selectively alternating lamellar distribution was more effective in decreasing the minimum reflection loss (RL-min) and broadening the effective bandwidth (EB, RL

Published: 13 March 2018

Given the impressive growth of Internet shopping, one may wonder how the antitrust rules on selective distribution systems might fit in the context of online sales. Indeed, the online sales phenome...

This contribution considers whether a manufacturer of luxury goods, who operates a selective distribution system, may lawfully ban its appointed dealers from selling the contract goods via third-part online platforms under the EU competition rules. On the basis of an analysis of the relevant legal provisions and the existing case law, it is suggested that, while the aim of protecting a luxury image should in principle be considered a legitimate objective under Article 101 TFEU, a blanket ban that does not take into account the characteristics of the third-party platform should be deemed disproportionate. However, a ban on the use of third-party platforms should not be seen as a hardcore restriction within the meaning of Article 4 of Regulation (EU) no 330/2010, as long as the distributor has other viable options of selling the goods via the Internet.

This article examines to what extent the discriminatory application of criteria in selective distribution systems is block exempted under Regulation 330/2010. First, the author argues that discrimination is unlikely to occur within the market share thresholds of Regulation 330/2010. In addition, the point is made that Article 101 TFEU can only be used to deal with the discriminatory application of criteria in very limited scenarios. Also, arguments are presented that show there is little doubt that the Commission considers the discriminatory application of criteria as block exempted even if Regulation 330/2010 and the accompanying guidelines are not particularly clear. Finally, the author argues that the recent CJEU Auto 24 judgment allows for the discriminatory application of criteria and is equally applicable to Regulation 330/2010. The author concludes that in the context of the block exemption provided by Regulation 330/2010, a supplier is free to discriminate in the application of its selective distr...

The luxury product is not a product like any other. Its material and immaterial qualities confer a special value that requires its producer to sell it in a proper business environment. The rule of law can it consider this economic feature ? Paradoxically, France is world's leading luxury goods market, but no one is able to state precisely what is luxury. The law seems unsuited to integrate a concept as elusive as luxury. Yet, violations suffered by the owners of luxury product rights have convinced the European judge to set up special protective rules. The aim is legitimate. This is to protect the investments made to sell and promote luxury products. But this legal approach is based on a method of qualification which is not satisfactory. The "will", "prestige" or the "feel" of luxury emanating frombranded product, are too subjective criteria to ensure systematic and consistent implementation of protective rules. Therefore, in addition to the demonstration of a body of rules applicable to the luxury product, it should analyze the foundations of its recognition by positive law and the establishment of a unified system based on criteria precise definition, taking into account the intrinsic qualities of that particular property.; Le produit de luxe n’est pas un bien comme les autres. Ses qualités matérielles et immatérielles lui confèrent une valeur particulière qui oblige son producteur à le vendre dans un environnement commercial adapté. La règle de droit peut-elle considérer cette particularité économique ? Paradoxalement, la France est leader mondiale du marché des produits de luxe, mais nul n’est en mesure d’affirmer avec précision ce qu’est le luxe. Intégrer une notion aussi insaisissable au sein d’un raisonnement juridique semble difficile. Pourtant, les atteintes subies par les titulaires des droits du produit de luxe ont convaincu le juge européen de mettre en place des règles protectrices spéciales. Le but poursuivi est légitime. Il s’agit de protéger les investissements réalisés pour vendre et promouvoir le produit de luxe. Mais cette démarche légale s’appuie sur une méthode de qualification qui n’est pas satisfaisante. L’«aura», le «prestige» ou la «sensation» de luxe qui émanent du produit marqué, sont des critères trop subjectifs pour assurer l’application systématique et cohérente de règles protectrices. C’est pourquoi, outre la démonstration d’un corpus de règles applicables au produit de luxe, il convient d’analyser les fondements de sa reconnaissance par le droit positif, ainsi que l’instauration d’un régime unifié reposant sur des critères de définition précis, prenant en considération les qualités intrinsèques de ce bien particulier.

Many businesses require multichannel strategies to provide the services that consumers desire. However, channel conflict often frustrates the strategies of manufacturers selling through full- and limited-service retailers. The wallpaper industry presents a data-rich opportunity to document, over more than a thirty-year period, the responses of full-service retailers to the entry of limited-service retailers and the difficulties of manufacturers selling through both. We also review the marketing literature on the challenges of limiting distribution to “optimal coverage.” After the entry of free riding 1–800 dealers, we show that full-service dealers cut back important services and decreased service-oriented advertising, likely contributing to the sharp decline in wallpaper retailers and consumer purchases. However, we are unable to control for shifts in consumer preferences during the period of our study. Thus, our case study also highlights the empirical challenges of isolating the effects of free riding on industry output when consumer tastes change.

Morphology and crystallization behavior of poly(ɛ-caprolactone) (PCL) in its 80/20 blends with poly(styrene-co-acrylonitrile) (SAN) containing hydrophobic or hydrophilic nanosilica was investigated. It was found that hydrophilic nanosilica displayed a more significant refinement effect on co-continuous morphology of PCL/SAN blends than hydrophobic nanosilica for its selective distribution within the PCL matrix but closer to the two-phase interface. Ring-banded spherulites were observed in both kinds of nanosilica-filled blends, the periodic distance of which decreased with increasing nanosilica content. Hydrophilic nanosilica reduced the dependence of the periodic distance of ring-banded spherulites on the crystallization temperature more efficiently than hydrophobic nanosilica. Furthermore, crystallization process of PCL/SAN blends filled with hydrophobic nanosilica was suppressed as the restriction effect of nanosilica on the crystal growth always outweighed their heterogeneous nucleation effect. In contrast, low content of hydrophilic nanosilica (≤1 wt %) were more likely to exhibit growth restriction effect rather than nucleation effect, whereas heterogeneous nucleation effect of higher content of hydrophilic nanosilica (>1 wt %) dominated over growth restriction effect on facilitating the crystallization behavior. © 2016 Wiley Periodicals, Inc. J. Appl. Polym. Sci. 2016, 133, 44157.

The roles of nano-silica particles in the morphology, rheological, crystallization, and melting properties of polyamide 6/acrylonitrile–butadiene–styrene (PA6/ABS) blends were investigated. With the addition of nano-silica particles possessing different surface characteristics (hydrophilic or hydrophobic), the blends showed a notable difference in the morphology of the dispersed ABS phase in the melt or solid state, which is mainly caused by different distribution states for the two kinds of nano-silica particles. Particularly, it was found that the hydrophilic nano-silica particles tended to distribute in PA6 matrix, whereas the hydrophobic nano-silica particles were almost located at the PA6/ABS interface. Besides, the shear thinning behavior of the composites was significantly changed with the incorporation of hydrophobic nano-silica particles and the contribution from the interface was regarded as the dominated one to influence the rheological properties. Finally, with different surface characteristics and their distribution states, it was found that nano-silica particles can play different roles in crystallization and melting properties.

CdHgTe/SiO(2) nanoparticles were prepared by SiO(2) capping on the surface of CdHgTe QDs. The characteristics, such as optical spectra, photostability, size and cell toxicity were investigated. The dynamic distribution of CdHgTe/SiO(2) nanoparticles was in vivo monitored by near infrared fluorescence imaging system. CdHgTe/SiO(2) nanoparticles acted as a novel fluorescence probe have a maximum fluorescence emission of 785 nm and high photo-stability. The hydrodynamic diameter of CdHgTe/SiO(2) nanoparticles could be adjusted to 122.3 nm. Compared to CdHgTe QDs, inhibitory effects of CdHgTe/SiO(2) nanoparticles on proliferation of HCT116 cells decreased to a certain extent. CdHgTe/SiO(2) nanoparticles had their specific dynamic distribution behavior, which provided new perspectives for bio-distribution of nanoparticles.

2010 has been an important year for competition law applicable to distribution agreements. Firstly, a new general regulation on vertical restraints which emphasizes the role of the economic analysis in the assessment of vertical restrictions has been adopted. Despite interesting new developments, the content appears to be insufficient, notably regarding online distribution and resale price maintenance. Secondly, the motor vehicle distribution sector has also been the subject of a reform. As far as vehicle distribution networks are concerned, the new general regulation on vertical restraints will apply from the 1st June 2013. For maintenance, repair services and spare parts sales, two regulations will be jointly applicable. Indeed, the new general regulation on vertical restraints will apply in combination with a new motor vehicles regulation. Therefore, the economic analysis will be favored despite an excessive protection of the distributors.Meanwhile, debates pertaining to distribution law have been intense before national courts. Among them we can find the classic issue of the justification of the implementation of an exclusive or quantitative selective distribution network. Some decisions are currently anxiously awaited; this is particularly the case in France regarding quantitative selective distribution networks. The national tendency of protecting distributors through contract law also needs to be monitored.

(2009). Selective Distribution by Luxury Goods Suppliers: A Response to Kinsella Et Al. European Competition Journal: Vol. 5, No. 2, pp. 613-621.

(2009). Comments on the CRA Paper Entitled “An Economic Analysis of the Use of Selective Distribution by Luxury Goods Suppliers”. European Competition Journal: Vol. 5, No. 1, pp. 227-260.

(2009). An Economic Analysis of the Use of Selective Distribution by Luxury Goods Suppliers. European Competition Journal: Vol. 5, No. 1, pp. 201-226.

The strive for tighter control of distribution, quality and price – has led an increasing number of producers to include restrictions on the use of online marketplaces in their selective distribution agreements. This article considers the effects of such restrictions and the legal approach they call for. While acknowledging the legitimacy of proportionate restrictions on distribution, the article illustrates how an absolute ban on the use of online marketplaces may have a detrimental effect on market transparency, price competition, entry and expansion. The discussion illustrates how the legitimate interests of producers may be protected through less onerous means, without the increase in consumers’ search costs and the dampening of price competition. With that in mind, it is argued that these restrictions should be analysed on a case-by-case basis and should not benefit from the Vertical Block Exemption. Furthermore, the article considers whether absent proportionality and objective justification, the harmful effect of online marketplace bans, justifies their condemnation as anticompetitive by object.

The use of laser-induced breakdown spectrometry (LIBS) for generating two-dimensional (2D) multielemental distribution maps of poisoning agents in automobile three-way catalysts (TWCs) is discussed. A complete in-depth analysis of P, Zn, and Pb at different locations along the central channel of a used TWC in the gas flow direction was performed. The distribution maps for the metals in charge of the catalytic action and for the stabilizer of these metals—i.e., Pt, Pd, and Ce—are also presented. The 2D maps provide a fast, useful, and intuitive tool to visualize the selective distribution of poisoning elements in a used TWC. This study may help explain the deterioration processes of a catalyst with a lifetime of about 30 000 km.

The fatty acid and essential oil compositions of the seed oil of Annona cherimola, A. muricata, A. reticulata, A. senegalensis and A. squamosa were investigated by GC and GC/MS spectra. About eleven fatty acids were identified of which oleic, gondoic, palmitic and stearic acids predominated in each sample, and others found in low amounts, were of more selective distribution. Fifty three volatile compounds were identified with β-caryophyllene as major compound in A. muricata, A. reticulata and A. squamosa , while terpinen-4-ol was found as major component in A. cherimola and A. senegalensis . Key words: Annonaceae, seeds, seed oil, fatty acids, essential oil, GC-MS Nig. J. Nat. Prod. and Med. Vol.8 2004: 62-65

Selective distribution of carbon nanotubes (CNTs) at the interface of immiscible polycarbonate/acrylonitrile-butadiene-styrene (PC/ABS) is achieved via a combination of adding maleic anhydride grafted ABS (ABS-g-MA) and using an appropriate processing procedure. The composite shows a much lower percolation threshold of 0.05 wt%. The value obtained here is the smallest percolation threshold reported so far, comparing with those in the literature.