ALERTS: DISTRIBUTION – SELECTIVE DISTRIBUTION – BURDEN OF PROOF

Selective distribution: The Paris Court of Appeal refuses to sanction a parallel distributor because the selective distribution network was not set up in the territories where the products were resold (Amazon / Europe Watch)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Although this is an interlocutory proceeding, the decision under review merits attention in that it addresses the somewhat novel question of whether the provider can rely on the prohibition on off-grid resales once it has decided to implement the system. The Commission will also consider whether it is necessary to set up a selective distribution system in a given territory or whether such a system has to be set up effectively (conclusion of contracts) in order to benefit from protection against parallel distribution. Facts and procedure Classic, the dispute opposes a Dutch company, the Watch company, which specialises in the design, manufacture and

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  • University of Toulouse

Quotation

Lucas Bettoni, Selective distribution: The Paris Court of Appeal refuses to sanction a parallel distributor because the selective distribution network was not set up in the territories where the products were resold (Amazon / Europe Watch), 19 November 2020, Concurrences N° 1-2021, Art. N° 99500, www.concurrences.com

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