The Ripple Effects of Online Marketplace Bans

18 Pages Posted: 15 Nov 2016 Last revised: 26 Dec 2016

Ariel Ezrachi

University of Oxford - Faculty of Law

Date Written: November 12, 2016

Abstract

The strive for tighter control of distribution, quality and price - has led an increasing number of producers to include restrictions on the use of online marketplaces in their selective distribution agreements. This paper considers the effects of such restrictions and the legal approach they call for. While acknowledging the legitimacy of proportionate restrictions on distribution, the article illustrates how an absolute ban on the use of online marketplaces has a detrimental effect on market transparency, price competition, entry and expansion. The discussion illustrates how the legitimate interests of producers may be protected through less onerous means, without the increase in consumers’ search costs and the dampening of price competition. With that in mind, it is argued that these restrictions should be analysed on a case-by-case basis and should not benefit from the Vertical Block Exemption. Furthermore, the article considers whether absent proportionality and objective justification, the harmful effect of online marketplace bans, justifies their condemnation as anticompetitive by object.

Keywords: E-Commerce, Online Marketplace Bans, Selective Distribution, Vertical Restrictions, Virtual Competition

JEL Classification: K21, L41, L42, L81

Suggested Citation

Ezrachi, Ariel, The Ripple Effects of Online Marketplace Bans (November 12, 2016). Available at SSRN: https://ssrn.com/abstract=2868347 or http://dx.doi.org/10.2139/ssrn.2868347

Ariel Ezrachi (Contact Author)

University of Oxford - Faculty of Law ( email )

Oxford
United Kingdom

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