CASE COMMENTS : DISTRIBUTION – FRANCE – NO BREACH - RESALE BY A NON SELECTED RESELLER

Selective distribution : The French Supreme Court rules that the sale of products resold through a selective distribution network by a non selected distributor at a very low price does not constitute an unfair competion or parasistic act and does not constitute a deterioration of the brand’s image (BLT / JPL Café Coton)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The promoter and the distributors who are members of a distribution network are today exposed to formidable competition from off-network resellers who take advantage of the tolerance of the judges towards this so-called parallel distribution and the vigilance of the competition authorities against any limitation on the use of the Internet. The ruling handed down by the Commercial Chamber of the Court of Cassation on 8 November 2016 (see Obs. N. Eréseo, Lettre de la distribu. , Dec. 2016), provides a good illustration of this. In the present case, a reseller was marketing on an Internet site products normally resold in the context of a selective

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  • University of Montpellier

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Didier Ferrier, Selective distribution : The French Supreme Court rules that the sale of products resold through a selective distribution network by a non selected distributor at a very low price does not constitute an unfair competion or parasistic act and does not constitute a deterioration of the brand’s image (BLT / JPL Café Coton), 8 November 2016, Concurrences N° 1-2017, Art. N° 83297, pp. 111-112

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