CASE COMMENTS: DISTRIBUTION – FRANCE – EXCLUSIVE DISTRIBUTION –CONCESSION – PRICE TRANSPARENCY – SIGNIFICANT IMBALANCE

Exclusive distribution: The Paris Court of Appeal rules that the supplier is not required to favour the retraining of the concessionaire and that the provisions of the French Commercial Code relating to price transparency and unfair commercial practices apply to the automotive sector (Monchapet Automobiles and Est Automobiles / Mazda Automobiles)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The ruling handed down on 6 November 2019 by the Paris Court of Appeal deserves particular attention in that it illustrates a worrying phenomenon: the increasing pollution of the entire distribution law by provisions that were initially intended for the large-scale distribution sector alone. In the present case, two companies belonging to the same distribution group operated several motor vehicle dealerships under different contracts with the manufacturer Mazda. At the end of 2014, Mazda had notified the termination of the contracts by giving a two-year notice period during which the relationship between the parties gradually deteriorated. Before the

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Nicolas Éréséo, Exclusive distribution: The Paris Court of Appeal rules that the supplier is not required to favour the retraining of the concessionaire and that the provisions of the French Commercial Code relating to price transparency and unfair commercial practices apply to the automotive sector (Monchapet Automobiles and Est Automobiles / Mazda Automobiles), 6 November 2019, Concurrences N° 1-2020, Art. N° 93324, pp. 100-101

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