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 Court rules against Asics: OLG Düsseldorf prohibits contractual clause
Sports-business | 10.04.2017

Not allowed to prevent retailers from using price search engines

Court rules against Asics: Düsseldorf's Higher Regional Court supports Federal Cartel Office

Court rules against Asics: OLG Düsseldorf prohibits contractual clause. Asics loses court case: The OLG (Higher Regional Court) Düsseldorf rules in favor of the Federal Cartel Office. (Quelle: asics)
Asics loses court case: The OLG (Higher Regional Court) Düsseldorf rules in favor of the Federal Cartel Office.
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Asics is no longer allowed to prevent its authorized dealers from using price search engines. The OLG Düsseldorf's chief cartel senate has rejected the complaint made by the sporting goods manufacturer. The Federal Cartel Office had previously deemed the contractual clauses created by Asics to be restrictive of the competition and ruled against them.

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The OLG agreed with the interpretation made by the Federal Cartel Office. It argued that though in principle, there was nothing wrong with sales restrictions, problems arose when such restrictions served mainly to "control price competition." Asics insists that the contractual clauses are necessary to guarantee a high quality and is now concerned about its image as a premium brand.


Cartel Office welcomes ruling against Asics

However, the OLG decided that should the restrictions suggested by Asics be imposed, they would deprive especially smaller and mid-sized retailers of advertising and sales opportunities.

According to internetworld.de, the president of the Cartel Office, Andreas Mundt, welcomed the decision: "Online price search engines are important tools that allow consumers to find and compare transparent information about different prices," the competition regulator was quoted as saying.

Video: Is this the future of sports retail?


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