ALERTS: DISTRIBUTION – SELECTIVE DISTRIBUTION – REFUSAL TO DEAL

Selective distribution: The Paris Court of Appeal overturns its jurisprudence and rules that the refusal of approval is, in principle, a unilateral act and does not fall under the law of cartels (Mercedes-Benz France / Garage de Bretagne)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The decision handed down on 27 November 2019 by the Paris Court of Appeal will not fail to interest specialists in distribution law in that it returns to the much-discussed qualification of refusal of authorisation and brings about a surprising reversal of case law. Let us go back a few years and recall that the Commercial Court considered at one time that a refusal of approval should be treated as an exclusive unilateral act of classification as an agreement (T. com. Paris, 29 June 2016, No. 2016012884). The court was apparently inspired by the Volkswagen case, in which the Court of Justice stated that any invitation addressed by a manufacturer to its

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Nicolas Éréséo, Selective distribution: The Paris Court of Appeal overturns its jurisprudence and rules that the refusal of approval is, in principle, a unilateral act and does not fall under the law of cartels (Mercedes-Benz France / Garage de Bretagne), 27 November 2019, Concurrences N° 1-2020, Art. N° 93569, www.concurrences.com

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