Dispute between Coty and Amazon over Burden of Proof Continues
With the referral, the general suspicion against selective distribution systems as such is off the table. There are good reasons for the clauses that Coty has used for the last 25 years. The European Commission even distributed a “comfort letter” on an earlier version of the contract with these clauses. In the area of selective distribution hardly any other contract has survived so many court cases as Coty’s, most recently in the much-cited “Coty Judgement” of the European Court of Justice of 6. December 2017 (C-230/16).