ALERTS: CARTEL - SELECTIVE DISTRIBUTION - DISPROPORTIONATE AND UNLAWFUL NATURE OF THE CLAUSE REQUIRING THE PRESENCE OF A PHARMACY GRADUATE AT THE PHYSICAL POINT OF SALE
Selective distribution: The Commercial Chamber of the Court of Cassation issues a judgment adopting an erroneous interpretation of the judgment of the Court of Justice of the European Union on the problem of selective distribution in the same case (Pierre Fabre Dermo-Cosmétique)
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On September 24, 2013, the Commercial Chamber of the Court of Cassation handed down a decision in a case opposing the company Pierre Fabre dermo-cosmétique (PFDC) to three companies operating parapharmacies in Martinique, all three approved distributors of cosmetic products manufactured by PFDC (Klorane, Ducray, Avene, Galenic...). While the dispute at issue in this case does not concern online sales, the Court of Cassation, relying on an erroneous interpretation of thedecision of the Court of Justice of the European Union of October 13, 2011 by order of the Cour d'appel de Paris (Paris Court of Appeal) of 30 June 2009, received at the Court Registry on 30
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