Keck And Mithouard [1993]

Concerning: Indistinctly applicable measures under Article 34 (at that time Art. 28)

Facts

A French law prohibited the resale of goods that had been altered of repackaged at a price lower than the price at which they had been bought, in order to prevent so-called 'predatory pricing' (the process of making a short-term loss in order to force competition out of the market).

The measure…