Sidley achieved a significant victory for Shop-Apotheke in the first case before the European Court of Justice (ECJ) interpreting the substantive free movement provisions of the EU e-Commerce Directive. In its judgment from October 1, the ECJ ruled that an EU Member State cannot restrict a mail-order pharmacy, established in another Member State, from using paid referencing on search engines and price-comparison websites to promote its service. The ECJ further found that several other advertising restrictions imposed by France restricted the freedom to provide services under the e-commerce rules, but added that those restrictions can be justified under certain conditions.
The Sidley team was led by partner Kristina Nordlander (Brussels/London) and senior associate Anne Robert (Brussels).
For more information, please refer to this Sidley Antitrust Update.