The French Civil Supreme Court misinterprets the Pierre Fabre ECJ jurisprudence and quashes a distribution agreement provision on the basis of Article 101 TFEU (Pierre Fabre Dermo-Cosmétique)

In a decision issued on September 24, 2013, the French Court of Cassation decided a case about vertical restraints involving Pierre Fabre dermo-cosmétique (PFDC) and three of its distributors: Caribéenne de diététique et santé (CDS), Compagnie de diététique du marin (CDM) and Martinique alimentation diététique (MAD), using Article 101 of the Treaty on the Functioning of the European Union (TFEU) and Article L. 420-1 of the French Commercial Code (FCC). The distributors successfully obtained the nullity of a provision from their distribution agreement, which had imposed the presence of a qualified pharmacist during all of their opening hours. In this case, PFDC ended the selective distribution agreements with these companies, arguing that they did not respect their obligation to sell PFDC’s

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Marguerite de La Droitière, The French Civil Supreme Court misinterprets the Pierre Fabre ECJ jurisprudence and quashes a distribution agreement provision on the basis of Article 101 TFEU (Pierre Fabre Dermo-Cosmétique), 24 September 2013, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 60942

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