CASE COMMENTS: CARTELS – FRANCE – VERTICAL RESTRAINTS – ONLINE DISTRIBUTION – MARKETPLACES

Online distribution: The French Competition Authority applies the Pierre Fabre and Coty case law in order to assess the validity of selective criteria applied by the manufacturer, regarding the possibility for its distributors to distribute online (Distribution of mechanical garden tools)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Following an investigation carried out by the DGCCRF, the Competition Authority, seized of its own motion, sanctioned a manufacturer of motorcycling equipment (Stihl brand), at the head of a selective distribution network, for restricting the possibility offered to its distributors to use online sales. The case gives the Competition Authority the opportunity, for the first time, to apply the recently established case law of the Court of Justice on online distribution. An analysis of the facts reveals a certain originality in the mechanism put in place. The manufacturer had not prohibited its distributors from selling the material online; the

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Anne-Sophie Choné-Grimaldi, Online distribution: The French Competition Authority applies the Pierre Fabre and Coty case law in order to assess the validity of selective criteria applied by the manufacturer, regarding the possibility for its distributors to distribute online (Distribution of mechanical garden tools), 24 October 2018, Concurrences N° 1-2019, Art. N° 89517, pp. 81-82

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