A categorical ban is risky. Restrictions shaped by objective, quality-based criteria can be defended in defined circumstances. Under the Law on the Protection of Competition (No. 4054) and the block exemption for vertical agreements, an arrangement that wholly prevents a buyer from selling passively over the internet can count as a hardcore restriction — and that costs you the exemption altogether.
Within a selective distribution system, by contrast, you can impose concrete quality criteria aimed at protecting how the product is presented and the image of the brand: the appearance of an authorised dealer, customer service, assurance of authenticity. What decides it is whether the “marketplace” justification is tied objectively to the brand image and applied to every dealer without discrimination, inside a selective system that genuinely operates as one. Since the Competition Board has been tightening its approach to online sales restrictions, a criteria-based framework is the safer construction — not a ban.
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