ALERTS: DISTRIBUTION – ABUSE OF DOMINANCE – DISTRIBUTION AGREEMENT – REFUSAL TO DEAL – SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS – TERMINATION OF SUPPLY

Sudden break of established business relationships: The Paris Court of Appeal confirms the interim order concerning the pursuit of deliveries under daily penalty to a supplier in dominant position, who had announced to a client the stop the commercial relationship with a very short deadline, after a disagreement on business conditions, in particular prices, for the coming year (ITM Alimentaire International / Coca Cola)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts and procedure The case, which received a lot of media attention, was one of the highlights of the trade negotiations for 2020 (Ord. référé Trib. Com. Paris, 16 Jan. 2020, No. 202000169, Lettre distrib 02/2020, our observations). In summary proceedings more than elsewhere, the sequence of facts being of primary importance, we relate them from the decision of the first judges while adding some complements in view of the appeal judgment. Following a disagreement during year-end negotiations over the pricing and distribution terms applicable for 2020 with central SAS ITM Alimentaire International (ITM), SAS Coca Cola European Partner France (Coca) has

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Jean-Michel Vertut - Avocat (Montpellier)

Quotation

Jean-Michel Vertut, Sudden break of established business relationships: The Paris Court of Appeal confirms the interim order concerning the pursuit of deliveries under daily penalty to a supplier in dominant position, who had announced to a client the stop the commercial relationship with a very short deadline, after a disagreement on business conditions, in particular prices, for the coming year (ITM Alimentaire International / Coca Cola), 26 November 2020, Concurrences N° 1-2021, Art. N° 99911, www.concurrences.com

Visites 131

All reviews