CASE COMMENT : UNILATERAL PRACTICES - ABUSE OF A DOMINANT POSITION - REORGANIZATION OF A DISTRIBUTION NETWORK

Reorganization of a distribution network : The Court of Cassation recalls that a supplier is free to reorganise its distribution network without its distributors being entitled to claim a vested right to maintain their situation (Au Sol d’Or)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass.com, 2 December 2008, Au Sol d'Or v. Clause Tezier, appeal no. 07-18.775. Facts A supplier of agricultural products, which had decided to reorganise its distribution network, had sent its distributors a proposal for a new sales organisation. As no agreement was reached between the supplier and one of the distributors, the contract between them was not renewed. Some time before the end of the notice period, the distributor sued the supplier, claiming that the supplier had improperly terminated the negotiations and then abused its dominant position to impose unacceptable new contractual relationships. The appeal was dismissed by

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Dominique Ferré, Reorganization of a distribution network : The Court of Cassation recalls that a supplier is free to reorganise its distribution network without its distributors being entitled to claim a vested right to maintain their situation (Au Sol d’Or), 2 December 2008, Concurrences N° 1-2009, Art. N° 29581, www.concurrences.com

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