CASE COMMENTS: DISTRIBUTION – FRANCE – SELECTIVE DISTRIBUTION – REFUSAL OF APPROVAL – DUTY OF GOOD FAITH

Selective distribution: The Paris Court of Appeal refuses to sanction a refusal of approval on the grounds that it constitutes neither an agreement nor a breach of the general duty of good faith, which is assessed without distinction according to the type of network (Garage de Bretagne / Mercedez-Benz France)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The articulation of case law solutions rendered on the basis of general liability law and competition law regarding the refusal of approval of network candidates meeting the selection criteria set by the promoter of a selective distribution network is still at the heart of this quarter's case law news. In a decision handed down on November 27, 2019, the Paris Court of Appeal returned to this now recurring subject. The decision is interesting in more ways than one. In order to answer the questions asked by the rejected candidate, the Court of Appeal ruled on the legal assessment of a refusal of approval both under the law of cartels and the

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Philippe Vanni, Selective distribution: The Paris Court of Appeal refuses to sanction a refusal of approval on the grounds that it constitutes neither an agreement nor a breach of the general duty of good faith, which is assessed without distinction according to the type of network (Garage de Bretagne / Mercedez-Benz France), 27 November 2019, Concurrences N° 1-2020, Art. N° 93315, pp. 96-97

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