On 7 April 2017, the Commercial Court of Antwerp requested the assistance of the European Commission as amicus curiae for a dispute between Nike and Euro Shoe to determine the relevant product market and to estimate the market share of Nike.
Nike sells its products in Belgium and the Netherlands via a selective distribution system. Euro Shoe has been a distributor of Nike's products for over a decade. Nike decided to end its collaboration with two retail chains of Euro Shoe Euro Shoe considers Nike's refusal to sell a violation of competition law and an act of unfair competition or at least an abuse of rights.
The Commercial Court of Antwerp ruled that Nike's selective distribution system is covered by the safe harbour of the Block Exemption Regulation if both Nike's and Euro Shoe's market share on the relevant market does not exceed 30%. The Commercial Court could not determine the relevant product market and asked the Commission's opinion on this point. In addition, the Commercial Court enquired whether private label shoes should be included in the relevant product market. The European Commission has not yet answered the Court's questions.