Recent case law in competition law and distribution law (Paris, December 14th, 2011)

This set of three contributions are derived from the conference on "competition law and distribution" organized in Paris the December 14, 2011 by Concurrences Review and Vogel & Vogel. For Louis Vogel, author of the first contribution, the Court of Justice states in the Pierre Fabre case that an absolute ban on Internet sales is prohibited under competition law, even in a selective distribution system. As it seems impossible for this prohibition to benefit from an exemption, suppliers must adapt their sales’ conditions for Internet distribution in order to protect their network. For Joseph Vogel, author of the second contribution, the negotiations for 2012 between the large retail sector and its suppliers are difficult. Both the contractual framework and the substantial clauses are subject to renewed difficulties. This situation requires the implementation of relevant commercial and legal actions. In the last contribution, Mr. Jean Bernard Blaise explains the two main types of configuration of distribution networks: simple and complex.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. News on competition and distribution law Paris, 14 December 2011 Internet distribution after the Pierre Fabre decision Louis Vogel Professor of Law and President, Panthéon-Assas University, Paris II 1. It was a preliminary question referred by the Paris Court of Appeal that led to the judgment of the Court of Justice of 13 October 2011 in the Pierre Fabre case. The question concerned the interpretation of Regulation 2790/1999 [1] and Article 81(3) EC [101(3) TFEU]and their application to online sales in the context of selective distribution. Essentially taking up the reasoning developed by the Competition [2] Authority and Advocate General Mazak [3],

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