The Paris Court of Appeal dismisses an action from a cosmetics manufacturer against a decision of the French Competition Authority that sanctioned it for prohibiting its authorised distributors from Internet sales (Pierre Fabre Dermo / Cosmétique)

On 31 January 2013, the Paris Court of Appeal ("the Court") dismissed an action by Pierre Fabre Dermo-Cosmétique SAS ("Pierre Fabre") against a decision of the French Competition Authority ("the FCA") dated 29 October 2008 ("the Decision") [1] ordering Pierre Fabre to amend its selective distribution agreements in order to allow its distributors to sell its products on the Internet and fining it €17.000. Even though this decision may be subject to further appeal before the French Supreme Court, it might put an end to «the Pierre Fabre saga«, thus confirming the highly difficult (and unlikely) justification of Internet sales bans on authorised distributors, both under French and EU laws. Facts and procedure In 2006, the FCA investigated the distribution sector for cosmetics and personal

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  • Kalliopé Société d’Avocats (Paris)

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Romain Rue, The Paris Court of Appeal dismisses an action from a cosmetics manufacturer against a decision of the French Competition Authority that sanctioned it for prohibiting its authorised distributors from Internet sales (Pierre Fabre Dermo / Cosmétique), 31 January 2013, e-Competitions Bulletin January 2013, Art. N° 51002

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