Members of Pierre Fabre’s selective distribution system were required to sell cosmetics and personal care products only at brick and mortar stores and in the presence of a trained pharmacist: The Court of Justice of the EU (CJEU) first addressed restrictions on online sales through its judgment in Pierre Fabre. Such practices survive antitrust scrutiny only where the four criteria under Article 101(3) TFEU are cumulatively met. Outright bans on internet sales constitute by object restrictions of competition within the meaning of Article 101(1) TFEU and correspond to hardcore constraints under the VBER.
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