The English High Court ruled on the applicability of a national doctrine in circumstances where it has previously been held that, in principle, the issue falls within the scope of Art. 81 EC (Days Medical Aids/Pihsiang Wu)

Facts of the case Days Medical Aids Ltd (“DMA”) carried on business as, inter alia, an importer of wheelchairs and scooters designed to assist people with mobility problems. Pihsiang Machinery Manufacturing Co Ltd (“PMM”) exported substantial numbers of scooters worldwide. In 1996, DMA and PMM entered into a contract whereby PMM appointed DMA as its exclusive distributor for its range of scooters in the UK and mainland Europe (“the Agreement”). The Agreement was expressed to be for an initial period of five years; and included a right of renewal for a further five years after the expiry of that initial period. From November 2000 onwards, PMM started supplying its scooters also to others distributors in Europe. The initial term of the Agreement expired in February 2001, and DMA claimed

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Jacques Derenne, Tim Seidenspinner, The English High Court ruled on the applicability of a national doctrine in circumstances where it has previously been held that, in principle, the issue falls within the scope of Art. 81 EC (Days Medical Aids/Pihsiang Wu), 29 January 2004, e-Competitions Bulletin Exclusive distribution, Art. N° 146

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