CASE COMMENTS: RESTRICTIVE PRACTICES – SELECTIVE DISTRIBUTION

Selective distribution: The Court of Cassation rules that in order to obtain the end of internet sales by a pure player, who does not belong to the selective net, the producer has to prove first that his contract is not an anticompetitive practice (Pierre Fabre)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 21 June 2011, Easyparapharmacie c/ Pierre Fabre dermo-cosmétique, n° 09-70304 Far from being impregnable, the "fortress" (according to A.'s expression. Pirovano, "Les transformations de l'ordre privé économique : l'exemple des réseaux de distribution sélective", in Philosophie du droit et droit économique Quel dialogue ?, Mélanges en l'honneur de Gérard Farjat, ed. Frison-Roche, 1999, pp. 211 et seq.) of distribution networks is frequently the object of assaults by "mavericks" who, without being members of them and without complying with the requirements of manufacturers, engage in the parallel marketing of products. This "revolutionary" instrument,

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Mary-Claude Mitchell, Selective distribution: The Court of Cassation rules that in order to obtain the end of internet sales by a pure player, who does not belong to the selective net, the producer has to prove first that his contract is not an anticompetitive practice (Pierre Fabre), 21 June 2011, Concurrences N° 4-2011, Art. N° 39954, pp. 118-119

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