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Court of Justice Statement: Judgment in C-439/09 Pierre Fabre Dermo-Cosmétique v Président de l’Autorité de la Concurrence, Others

( October 13, 2011, 08:12 GMT | Official Statement) -- MLex Summary: The EU’s Court of Justice has said that a ban on the online sale of Pierre Fabre’s skin creams is a “restriction by object,” and can only be legal if is it “objectively” justified. The court has drawn a parallel between creams and contact lenses, whose online sales cannot be restricted due to the need to provide advice to customers. It also rejected arguments that Pierre Fabre could restrict online sales to preserve its image. It is up to the national court to decide whether the ban imposed by Pierre Fabre is legitimate or not.Full statement follows. The judgment can be found here. Judgment in Case C-439/09 Pierre Fabre Dermo-Cosmétique SAS v Président de l'Autorité de la Concurrence and Others...

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