CASE COMMENTS : UNFAIR TRADE PRACTICES – TRANSPARENCE AND RESTRICTIVE PRACTICES – DISCRIMINATION – REJECTION OF THE APPLICATION

Selective distribution : The Paris Court of Appeal rules that a company may refuse to examine an application of another company for selective distribution membership, without providing a justification (Élysées Shopping / Rolex France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Can a candidate for integration into a selective distribution network challenge the refusal of approval on the basis of discrimination? This is the beautiful question posed by the decision of the Paris Court of Appeal handed down on 19 October 2016 (see Vogel & Vogel blog: vogel-vogel.com). Question: Is a refusal to contract in itself discriminatory? It is known that despite the abolition of the offence of discriminatory practices by the LME of 4 August 2008, the idea that it would be prohibited per se to discriminate against an economic partner without real justification is still ingrained in some legal circles, such as a persistence of retinal

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  • University of Aix-Marseille

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Frédéric Buy, Selective distribution : The Paris Court of Appeal rules that a company may refuse to examine an application of another company for selective distribution membership, without providing a justification (Élysées Shopping / Rolex France), 19 October 2016, Concurrences N° 1-2017, Art. N° 83379, pp. 121-122

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