Organisation: French Competition Authority

While selective distribution can be an excellent option for luxury brand owners, allowing them to control how their products are sold within a certain territory, there are potential clashes with competition law, particularly within the European Union

01 January 2016

The decision of the Court of Appeal of Paris in <I>Électricité De France SA v Solaire Direct</I> highlights the role that a trademark can play in the characterisation of an abuse of dominant position. Among other things, the court found that use of the well-known mark BLEU CIEL D'EDF by subsidiaries of EDF, the French electricity incumbent, gave them a competitive advantage, and that the market at issue presented specific characteristics which amplified this advantage.

07 July 2015