CASE COMMENTS: DISTRIBUTION – EXCLUSIVE DEALING – NON COMPETE OBLIGATION

Exclusive dealing: The Court of Cassation pronounces on conditions in wich a supplier can compete with his own distributor (Bovami/Valgest)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 29 November 2011, Bovami v. Valgest, No. 10-25799 Can a supplier compete with its distributors? This was the question put to the Court of Cassation in a dispute in the specific context of the "Relais des mousquetaires". Set up by the Intermarché brand, these relays ensure the supply of very sparsely populated areas (e.g. small isolated villages) in collaboration with the supermarket or hypermarket closest to the sector in question. In accordance with this scheme, the company Bovami (hereinafter the grantor), owner of a hypermarket in Bourg Saint-Maurice, had concluded a distribution contract with the company Valgest (hereinafter the

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