The Paris Court of Appeal condemns an undertaking in the cosmetic sector to repair the damage suffered by a manufacturer for the unauthorized resale of its products outside the selective distribution network (La Roche Posay)

This is a judgment of the Court of Appeal of Paris applying Article 81 EC which has been transmitted to the European Commission by virtue of Article 15(2) of Regulation n° 1/2003 and has been published on DG Competition's website (See also on this case, C. Mai-Doremus and J. Philippe, The Paris Court of Appeal holds that a selective distribution system is compatible with EC Reg. n° 2790/1999, e-Competitions, July 2005). Background In this case, the French “Cour d'appel de Paris” (Court of Appeal) examined whether a selective distribution network set out by the defendant infringed Article 81 EC, and if it did, whether such a selective distribution agreement could benefit from the exemptions contained in Article 81(3) EC and in Commission Regulation n° 2790/1999 on the application of

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