CASE COMMENT : DISTRIBUTION - SELECTIVE DISTRIBUTION - MARKETING PRODUCTS ONLINE - PROHIBITION - ECJ - PRELIMINARY RULING

Marketing products online : The Paris Court of Appeal refers to the ECJ a question on the prohibition from marketing products online (Pierre Fabre)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Board of Directors Paris, 29 October 2009, Pierre Fabre Dermo-Cosmétique, RG n°2008/23812 Facts A manufacturer of cosmetic products had concluded selective distribution contracts with its distributors, providing that the sale of its products had to be carried out exclusively within a physical space and in the presence of a graduate in pharmacy. Taking the view that the manufacturer was thus de facto prohibiting its selected distributors from using the Internet to market its products, the Competition Council had sanctioned it for collusion, on the grounds that : the prohibition to sell over the Internet constitutes a hardcore restriction within the

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Dominique Ferré, Marketing products online : The Paris Court of Appeal refers to the ECJ a question on the prohibition from marketing products online (Pierre Fabre), 29 October 2009, Concurrences N° 1-2010, Art. N° 30611, www.concurrences.com

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