The Paris Court of Appeal makes refers to the Court of Justice for a preliminary ruling on whether or not a general and absolute ban on internet sales by approved distributors constitutes a ’hardcore restriction’ on competition (Pierre Fabre)

In a judgment dated 29 October 2009, the French Court of Appeal made a reference for a preliminary ruling under article 234 of the Treaty establishing the European Community (the “EC Treaty”), whereby the ECJ was asked to answer “the question whether a general and absolute ban on Internet sales to end users by the approved members of a selective distribution network does constitute a “hardcore restriction” on competition by object within the meaning of Article 81 paragraph 1 of the EC Treaty, not covered by the block exemption provided for in Regulation n°2790/1999, but which can eventually benefit from an individual exemption pursuant to Article 81 paragraph 3 of the EC Treaty”. Background of the caseThe Competition Council's 2007 Decision on online sales restrictions of cosmetic products

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Norton Rose Fulbright (Paris)

Quotation

Lila Ferchiche, The Paris Court of Appeal makes refers to the Court of Justice for a preliminary ruling on whether or not a general and absolute ban on internet sales by approved distributors constitutes a ’hardcore restriction’ on competition (Pierre Fabre), 29 October 2009, e-Competitions Vertical restrictions and e-commerce, Art. N° 29700

Visites 2395

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues