NEWSLETTER-2017

113 COMPETITION LAW are the restrictions imposed on buyers with regard to territory, and on customers to which the contractual goods and services will be sold, the restrictions on the proportion of sales made via the internet, and limitations on determining higher prices to be paid by buyers for the products to be sold on the internet, than for products to be offered at physical sale points. Furthermore, the Draft Guideline regulates that the provider may set forth certain conditions with respect to the use of the internet as a sales channel. These conditions are exemplified as follows: The qual- ity conditions of the website in which the products are offered for sale, the requirement of providing certain services to online consumers, and the obligation to have a physical point of sale. Also, in accordance with the Draft Guideline, provided that online sales will not be prevented, directly or indirectly, the provider may request from the buyer to sell on “sales platforms” that meet certain standards and conditions. Finally, for the purpose of harmonizing Article 31 of the Verti- cal Guideline with the selective distribution system in terms of online sales, it is envisaged to make additions to the said paragraph referred to in the Draft Guideline. The regulations proposed in the Draft Guideline on online sales have been discussed, in detail, by various sector representatives at the Workshop. Although a consensus has been reached on the develop- ment of e-commerce and the growth of e-commerce volume, differing opinions have been put forward on introducing some limitations to online platforms, provided that they do not hinder competition. Within the context of the limitations imposed on online sales, the Coty Deci- sion ( C-230/16 ) of the European Court of Justice dated 06.12.2017 has been referred to. This decision is a precedent that affirms that luxury brands can block online sales in order to avoid damaging the images of their products. While some sector representatives have argued that the Draft Guideline must be drafted in accordance with the last provision of paragraph 54 of the Commission’s Guidelines and the Coty Deci- sion, on the other hand, some have argued that no restrictions should be imposed on online platforms.