CASE COMMENTS : DISTRIBUTION – SELECTIVE DISTRIBUTION – CRITERIA FOR LAWFUL NETWORK – PHYSICAL PRESENCE OF A DEGREE REQUIRED PHARMACIST

Selective distribution : The French Supreme Court approves the Court of Appeals for condemning a selective distribution clause requiring that “sales of products cosmetics and personal hygiene carried out in physical space require the presence of a qualified pharmacist” (Pierre Fabre)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The solutions adopted in the "Pierre Fabre Dermo Cosmetics" case (CJEU, 13 October 2011, Case C-439/09) have succeeded in blurring the validation criteria for selective distribution. One would think one was back to the time when this method of distribution was systematically condemned on the basis of refusal to sell (before the "Duo" judgments, Cass. crim. 3 November 1982, No. 90-82.522, abandoned this solution). In a judgment of 24 September 2013, the French Supreme Court of Appeal approved the condemnation by the Toulouse judges (T. com., 22 March 2010 and CA

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  • University of Montpellier

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Didier Ferrier, Selective distribution : The French Supreme Court approves the Court of Appeals for condemning a selective distribution clause requiring that “sales of products cosmetics and personal hygiene carried out in physical space require the presence of a qualified pharmacist” (Pierre Fabre), 24 September 2013, Concurrences N° 1-2014, Art. N° 63071, pp. 87-88

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