CASE COMMENTS: DISTRIBUTION – ONLINE RESALES – LAWFUL CONDITION REQUIRED

Selective distribution: The Paris Court of Appeal confirmes the ability to control the resale conditions online by network distributors (Candy Sud / Eberhardt)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. From the point of view of competition law, the selective distribution contract constitutes a cartel only if the stipulated selection criteria and their implementation have the object or effect of restricting competition on the market. This is not the case where the criteria meet a "legitimate requirement having regard to the nature of the product concerned in order to preserve its quality and ensure its proper use" by not going "beyond what is necessary", and are "applied in a non-discriminatory manner" (cf. Guidelines accompanying Regulation 330/2010, pt. 175). Certain selection criteria are more easily accepted than others (e.g. competence of

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Anne-Cécile Martin, Selective distribution: The Paris Court of Appeal confirmes the ability to control the resale conditions online by network distributors (Candy Sud / Eberhardt), 13 January 2016, Concurrences N° 2-2016, Art. N° 79248, pp. 117-119

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