Journal Article

After <i>Pierre Fabre</i>: the future of online distribution under competition policy

Andreas Themelis

in International Journal of Law and Information Technology

Volume 20, issue 4, pages 346-369
Published in print December 2012 | ISSN: 0967-0769
Published online September 2012 | e-ISSN: 1464-3693 | DOI: http://dx.doi.org/10.1093/ijlit/eas017
After Pierre Fabre: the future of online distribution under competition policy

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The article presents the recent case of Pierre Fabre and analyses its implications for EU competition law in the area of online distribution. In doing so, it examines the current competition policy approach adopted in the BER 330/2010 and its underpinning considerations as well as subsequent implications. This assessment is performed against the other targets which are sought at an EU policy level for the promotion of e-commerce as these appear in recent policy instruments, revealing a paradoxical approach in the overall treatment of Internet-based distribution under competition policy. The Commission’s current approach is argued to be a balancing act of various policy considerations; this actually undermines the enormous pro-competitive effects brought by the Internet. The main approach advocated is that the treatment of the Internet should be taking place under a different prism by the Commission, allowing it to evolve further as an autonomous and more competitive commercial space.

Keywords: competition law; competition policy; Internet; e-commerce; distribution; Pierre Fabre

Journal Article.  10192 words. 

Subjects: IT and Communications Law

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