CASE COMMENT: European Commission Fines Guess over Anti-Competitive Agreements to Block Cross-Border Sales(Case AT.40428 - Guess)

摘要

On 17 December 2018, the European Commission (the 'Commission') fined clothing company Guess {EUR}39.8m for practices that were held to constitute a single and continuous infringement of Article 101 of the Treaty of the Functioning of the European Union (TFEU) and of Article 53 of the Agreement of the European Economic Area (EEA). Its investigation into Guess was initiated on the back of the e-commerce sector inquiry and reflects the Commission's resolve to step up enforcement activities in support of the digital single market. Like many other brands, Guess operates a selective distribution system (SDS) through a system of various agreements with its wholesalers and both mono-brand and multi-brand retailers.