CASE COMMENTS: DISTRIBUTION – SELECTIVE DISTRIBUTION – REFUSAL TO SELECT

Refusal to select: The Paris and Aix-en-Provence Court of Appeal confirm the freedom to select in selective distribution system (Concurrence / Sony Europe)(Chaumet International / L’Hermine)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Two recent rulings by the Courts of Appeal of Paris and Aix-en-Provence recall the freedom of selection of the developer of a selective distribution network. In the judgment of 12 December 2018, a distributor (company C.) had been in a relationship with Sony for many years, until the relationship deteriorated and was terminated by Sony. The distributor had then challenged the termination before the courts, but was unsuccessful in the final decision of the Court of Cassation (Cass. com., 16 Dec. 2008). Two years later, Sony set up a selective distribution network for its top-of-the-range televisions and, at the same time, introduced an 8% commercial

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Nicolas Ferrier, Refusal to select: The Paris and Aix-en-Provence Court of Appeal confirm the freedom to select in selective distribution system (Concurrence / Sony Europe)(Chaumet International / L’Hermine), 12 December 2018, Concurrences N° 1-2019, Art. N° 89505, pp. 95-97

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