CASE COMMENT : ANTICOMPETITIVE AGREEMENTS - SELECTIVE DISTRIBUTION - QUALITATIVE CRITERIA - LEGALITY

Selective distribution : The Paris Court of Appeal decides on the validity under National Competition Law of the qualitative criterions of a selective distribution network for a supplier whose the market share does not exceed 30 % (Marcout Soulhol/Cartier)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts As part of a strategy to reduce its selective distribution network, one supplier has drawn up a new distribution contract containing new criteria for the selection of its resellers. Faced with the refusal to renew its contract, a distributor referred the matter to the Competition Council, considering that certain clauses, in particular those relating to the distributors' sales potential, the requirement for a street window on the ground floor and a representative stock of products, were unlawful under the provisions of Article L. 420-1 of the French Commercial Code. On December 17, 2003, the Competition Council dismissed the case. The complainant

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Marie Koehler de Montblanc, Selective distribution : The Paris Court of Appeal decides on the validity under National Competition Law of the qualitative criterions of a selective distribution network for a supplier whose the market share does not exceed 30 % (Marcout Soulhol/Cartier), 29 June 2004, Concurrences N° 1-2005, Art. N° 27694, www.concurrences.com

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