With a recent ruling dated March 17, 2026, the Italian Competition Authority imposed an exemplary fine of over €25 million, finding a violation of Article 101 TFEU in the context of a selective distribution system.
Two critical profiles emerged:
- the imposition of limits on online discounts, accompanied by monitoring systems and retaliatory measures, qualified as resale price maintenance (RPM);
- The ban on the use of marketplaces imposed on distributors, considered illegitimate especially considering the parallel use of the same channels by the supplier.
The message is clear: in selective distribution systems, any price control mechanism must be avoided, and restrictions on online sales also require extreme caution, especially when they impact intra-brand competition or present inconsistent application profiles.
A further reminder for businesses: antitrust compliance and distribution network design must go hand in hand.
For further details on the provision, see. AGCM press release
Contribution by the lawyer. Carlo Ginevra and of the lawyer. Elisa Maria Babbini
