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A Dutch district court confirms Nike’s selective distribution system regarding online sales

18/10/2017

Action Sport Soc. Coop, ARL (Action Sport), a distributor of Nike products based in Italy, brought a claim in the Netherlands against Nike European Operations Netherlands BV (Nike) on the grounds that the latter had wrongly terminated its distribution contract on 28 December 2015. Nike opposed this claim, holding that its termination had indeed been lawful. Particularly, it contended that Action Sport had been reselling, without its consent, Nike products through the Amazon platform, which was not a member of Nike’s selective distribution system.