Certain Selling Arrangements
“The introduction of ‘certain selling arrangements’ has imposed an unnecessary straitjacket on the development of the Keck principle. Not only is the Keck formula too narrow; paradoxically, it is also too broad in that it catches ‘dynamic’ measures (such as restrictions on advertising) and therefore takes them outside the scope of Article 28 even though they do affect inter-state trade.”
(C. Barnard, The Substantive Law of the EU. The Four Freedoms (OUP 2d ed.) at 149).
Discuss