EU의 온라인상 매매의 제한 금지에 관한 고찰 - ECJ의 Pierre Fabre 사례를 중심으로-

Since trading began on the internet, the internet is being increasingly recognized as an important way out of the sale. Now, the deal on the internetis one of the important part for both businesses and distributors. However, the cases have emerge which the companies(providers) does not allow the distributor provide the customers their products and services on the Internet, owing to corporate brand image and retail products and services's maintenance. In the case of the Pierre Fabro company, so-called pharmacy cosmetics' corporation, had banned the internet sale to distributors under the selective distribution system. EU Court of Justice stated that it was including anti-compete in respect to vertical restrictions of the TFEU Article 101 and was not what blocked into VRBER because it was relevant to hardcore restriction(VRBER Article 4). The internet sale is not a new type of transaction but one of trading methods in the revision process of the Guidelines of VRBER of 2010. So, it is applied to the principle rules of original deals and the Guidelines of VRBER of 2010 has been proposed to the relevant standard to be appropriate the sale on the internet. It appears the aspect of change and development of the internet trading in the EU competition law and seems one of important issues to our industry. It is possible to come up the matters like the case of Pierre Fabre Dermo-Cosmétique in industry structure of Korea has the character that the providers hold the wood on the distributors and the development of the internet sale. The case like Pierre Fabre Dermo-Cosmétique may be decided to be unfair in Korea. So, the Guidelines of VRBER of 2010 and this case will be reviewed sufficiently to us.