Finally, the products in question were not medicinal products and, therefore, did not require that they be sold only in a physical space under supervision of a qualified pharmacist. PDFC's concerns of counterfeiting products and free riding were also unfounded. In conclusion, a general ban on Internet marketing is possible only in very unique instances where there is undoubted proof that improvement of the product would be gained by such a ban; otherwise online marketing and distribution aids price transparency and international trade as well as making things easier for the consumer.
Analysis (how the law will effect the clietn's case)
The Board considered that a ban on internet sales imposed by a producer to its selected (authorised) distributors, is prohibited by Article 81 EC (now: Article 101 TFEU).
PDFC, therefore, has to allow its distributors to sell its products over the web. PDFC can point to the clause of vertical agreements where they need to practise caution ( therefore only selling in an offline environment) so that discontentment with product will not ruin company and...
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