Restrictions on Pricing, Online Marketplaces, Cross-Border Sales Top Concerns in EC Report

Restrictions on pricing, on selling in online marketplaces, and geographic restrictions on selling and advertising online were some of the top concerns in the final e-commerce report released Wednesday by the European Commission's Directorate-General for Competition. Two years ago, the commission began looking into e-commerce of consumer goods and digital content across the EU as part of its digital single market strategy. The EC published a preliminary report in September and then sought comment, which was incorporated into a final one. It said pricing restrictions and recommendations are "the most widespread restrictions" reported by retailers. It said both manufacturers and retailers frequently track online retail prices through pricing software, which could enable manufacturers to detect deviations from pricing recommendations and retaliate against retailers or it could facilitate collusion among retailers. The report said restrictions limiting retailers' ability to sell via online marketplaces has raised concerns under EU competition rules. The report said 90 percent of retailers use their own online shop when selling, with 31 percent selling via their online shops and marketplaces and 4 percent selling only via marketplaces. The study said market restrictions play a bigger role in some member states than in others, and might "range from absolute bans to restrictions on selling on marketplaces that do not fulfil certain quality criteria." The Computer & Communications Industry Association said in a news release it's concerned about the outright bans. "These restrictions are particularly detrimental for small and medium-sized sellers. They also harm competition and consumer choice,” said Jakob Kucharczyk, director-CCIA Europe. "Turning a blind eye on these restrictions will mean that thousands of sellers will not be able to benefit from the latest technological wave. This in itself merits rigorous enforcement action against blanket marketplace bans.” The EC report also said geo-blocking measures are used by some retailers, with some raising competition concerns.