The EU Court of First Instance clarifies the conditions under which a selective distribution system is lawful under competition law (Groupement d’Achat Edouard Leclerc)

Case T-88/92 Groupement d'Achat Edouard Leclerc v Commission of the European Communities* 1. An intervener is not entitled to raise an objection of inadmissibility not set out in the form of order sought by the defendant. 2. A decision granting exemption to a selective distribution system must be regarded as being of direct and individual concern to a cooperative society grouping together retailers who are potential competitors of the authorized distributors, which has unsuccessfully requested that at least some of its members be admitted to the network and which has participated in the administrative procedure provided for by Article 19(3) of Regulation No 17. 3. Selective distribution systems constitute an element of competition which is in conformity with Article 85(1) of the