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The EU Court of Justice states that a selective distribution network that relies on tests for admission to the system which go beyond simple objective qualitative selection falls within the prohibition laid down in EU competition policy when it is based on quantitative selection criteria (Lancôme / Etos)

JUDGMENT OF THE COURT OF 10 JULY 1980 1 SA Lancôme and Cosparfrance Nederland BV v Etos BV and Albert Heyn Supermart BV Case 79/99* 1. An administrative letter despatched without publication as laid down in Regulation No 17 informing the undertaking concerned of the Commission's opinion that there is no need for it to take action in respect of the agreements in question and that the file on the case may therefore be closed constitutes neither a decision granting negative clearance nor a decision applying Article 85 (3) of the EEC Treaty within the meaning of Articles 2 and 6 of Regulation No 17. Such a letter does not have the result of preventing national courts before which the agreements in question are

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