IDEAS home Printed from
   My bibliography  Save this article

On-line Sales and Selection of Distribution Networks: Darwin or Posner?


  • Grassani Stefano


This article dwells upon the changes introduced by the new set of EU antitrust rules enacted in relation to vertical restraints, with special regard to the issues of the selection of the members of a selective distribution network and of the (im)possible limitations applicable to on-line sales. Pursuant to Regulation 330 of 2010, and more in details the ancillary Guidelines, with the goal of balancing the opposite views which had emerged in the course of the preparatory works, the EU Commission, streamlining the existing national and EU case-law, has established three fundamental pillars governing antitrust assessment of selective distribution networks: (a) that manufacturers are allowed to make admission to the selective network contingent upon distributors having a «brickand-mortar» outlet in addition to an on-line site, thereby de facto allowing for the exclusion of pure internet resellers; (b) that the criteria laid down by manufacturers for the selection of distributors cannot be laid down, or applied, so as to discriminate between internet websites and traditional «brick-and-mortar» outlets; (c) that, save for exceptional circumstances, a distributor admitted to a selective network shall be empowered to fully resort to on-line sales for the distribution of the products and services marketed by the network.

Suggested Citation

  • Grassani Stefano, 2011. "On-line Sales and Selection of Distribution Networks: Darwin or Posner?," Mercato Concorrenza Regole, Società editrice il Mulino, issue 2, pages 379-400.
  • Handle: RePEc:mul:jhpfyn:doi:10.1434/35254:y:2011:i:2:p:379-400

    Download full text from publisher

    File URL:
    Download Restriction: Access to full text is restricted to subscribers

    File URL:
    Download Restriction: no

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item


    anticompetitive agreements; vertical restraints; internet; k21; L42.;

    JEL classification:


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:mul:jhpfyn:doi:10.1434/35254:y:2011:i:2:p:379-400. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.