Are platform bans anti-competitive? While brand owners, distributors, platforms and the antitrust community are clinging to the edge of their seats waiting for the final determination from the European Court of Justice (CoJ) in the Coty judgment awaited on December 6, 2017, we are reporting on an interesting development in France on this topic.
On September 13, 2017, the French Supreme Court (Cour de cassation) delivered its judgment in the Caudalie case. The judgment overturns a previous ruling of the Paris Court of Appeal (Cour d’appel de Paris) which found that platform bans may be restrictive of competition. Check out our briefing to learn more about the judgment, as well as its practical implications (spoiler alert: Caudalie does not settle the debate on platform bans).