CASE COMMENTS: DISTRIBUTION – FRANCE – SELECTIVE DISTRIBUTION – CHARACTERIZED RESTRICTIONS – BLOCK EXEMPTION – ANTICOMPETITIVE CHARACTER

Characterized restrictions: The French Supreme Court recalls that the loss of the block exemption does not necessarily imply that the selective distribution network does not comply with the provisions of Article 101 § 1 TFEU (Coty)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In two different cases, the promoter of a well-known selective distribution network for branded luxury cosmetics and perfumery products had sought an injunction to cease their activities and to obtain compensation for damages against an internet site and a market place where he had found that his products were being marketed in breach of his network. In both cases, the Courts of Appeal had dismissed his claims on the grounds that the presence of hardcore restrictive clauses, within the meaning of Regulation (EC) No 2790/99 of 22 December 1999 (now EU No 330/2010 of 20 April 2010), excluded any lawfulness of the network and, consequently, any possibility

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Anne-Cécile Martin, Characterized restrictions: The French Supreme Court recalls that the loss of the block exemption does not necessarily imply that the selective distribution network does not comply with the provisions of Article 101 § 1 TFEU (Coty), 16 May 2018, Concurrences N° 3-2018, Art. N° 87679, pp. 110-111

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