Protection of competition and consumers’ safety dilemma, the consequences of the ruling of the Paris Court of Appeal in Stihl

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Since Pierre Fabre and Coty rulings, Competition law practionners may have considered the ongoing debate over the concept of “by object” restriction of competition under Article 101(1) TFEU on online sales, settled. The judgement of the Court of Appeal of Paris (“the Court”) on online sales of handled power equipment shows that it is not. The present note attempts to shed light on the limit of this jurisprudence. This judgement introduces new arising debates and the compliance of this jurisprudence with legal concerns, especially about consumers’ safety. Another interest is at stake, regarding the good functioning of the European Competition network and legal safety across the European Union.