Online sales and selective distribution in the luxury industry. Limits to private autonomy and protection of competition under the new VBER

The essay addresses the issue of online sales and selective distribution systems in the luxury sector, with a focus on limitations on private autonomy and protection of competition under the new Vertical Block Exemption Regulation (VBER), which consolidates a legislative and jurisprudential trend favorable to the selective distribution system. The main changes brought by the Regulation are analyzed, including the overcoming of the principle of equivalence, resulting in the possibility for the supplier to adopt different quality criteria for online and offline sales. Overall, the new VBER, recognizing the many benefits and pro-competitive effects of the selective distribution system, certainly offers more flexibility and more tools to protect the brand image, while nevertheless leaving some issues open.