ALERTS: UNFAIR COMMERCIAL PRACTICES - EXCLUSIVITY CLAUSE - BRUTAL RUPTURE OF ESTABLISHED COMMERCIAL RELATIONS

Exclusivity clause: The Paris Court of Appeal rules that the breach of exclusivity entails a contractual non-performance and a partial breach of contract with two distinct prejudices (Farrow & Ball / Bleu de Cobalt)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts In 2002, a paint manufacturer granted a retailer in Toulouse the exclusive distribution of its products in the city in exchange for a minimal supply. The relationship continued peacefully when, fourteen years later, the supplier informed its distributor of the opening of two corners for its products in other outlets in Toulouse. Two years later, the distributor sued for damages, both on a contractual basis due to the violation of the contractual exclusivity, and on an extra-contractual basis since this same event characterized a partial brutal rupture of their commercial relationship. Indeed, the non-performance of the exclusivity obligation also

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Clémence Mouly-Guillemaud, Exclusivity clause: The Paris Court of Appeal rules that the breach of exclusivity entails a contractual non-performance and a partial breach of contract with two distinct prejudices (Farrow & Ball / Bleu de Cobalt), 12 January 2021, Concurrences N° 1-2021, Art. N° 99906, www.concurrences.com

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