In a judgment handed down today in Case C-439/09, the Court of Justice of the European Union ('ECJ') held that a general and absolute ban on internet sales in the context of a selective distribution network constitutes a restriction of competition by object within the meaning of Article 101(1) of the Treaty of the European Union ('TFEU'). Moreover, the selective distribution agreements containing such a ban cannot benefit from the provisions of the Vertical Restraints Block Exemption Regulation ('VBER'), although they may, if certain conditions are met, benefit from an individual exemption under Article 101(3) TFEU.
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