01 Jul VBER dispositions and interpretations: how luxury brands safeguard exclusivity in the EU market arena

Victoria Wilk

E-mail: victoria.wilk@studbocconi.it

Abstract

In the curated world of luxury, exclusivity is not merely a market position, it’s the projection of a meticulously crafted strategy towards consumers. In a tightly woven regulatory tapestry as the one elaborated by the European Union, how far can this cultivated distinctiveness stretch before it becomes anticompetitive? Selective distribution and resale price maintenance emerge not as mere legal mechanisms, but as instruments that are carefully employed and leveraged by high-end brands to choreograph perception, price and access. Through the mirror of jurisprudence, it is possible to grasp a fragmented normative arena outlined by VBER dispositions, where national competition authorities oscillate between textual adherence and economic dynamics. The result is a paradox: law is both a constraint and an enabler of brands’ legend-building.

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Keywords: VBER, Luxury brands