Deckers, owner of the “Hoka” brand, was defending a claim made by a UK running shoe retailer, Up & Running (U&R), in the Competition Appeal Tribunal (CAT).
Until 2021, Deckers supplied U&R with Hoka-branded products at the wholesale level. However it terminated this supply arrangement following a dispute over U&R’s sales of Hoka-branded running shoes via a second website that Deckers’ found to be in breach of its terms and conditions (on the basis that it was not obviously linked to U&R). The claim alleges that, in the context of this dispute, Deckers’ behaviour constitutes an attempt to engage in resale price maintenance and/or restricting the use of the internet.
Adrian Majumdar gave expert evidence on market definition, market shares and, in turn, the applicability of the VBER/VABEO market share thresholds. In light of this, a key issue for the CAT is whether the agreement in question amounted to a hardcore restriction by object such that the VBER/VABEO would not apply.
RBB’s team included Adrian Majumdar, Iestyn Williams, Lucy Holden and Man Kwan Ma. RBB was instructed by Stobbs who acted for Deckers.
The trial ended on 25th July 2024. We await the CAT’s judgment with interest.
