CASE COMMENTS: DISTRIBUTION - DISTRIBUTION AGREEMENT - ONLINE SALES - RESALE PRICE MAINTENANCE - PROHIBITION OF RESALE

Distribution agreement: The French Competition Authority sanctions the promoter of a distribution network for imposing online resale prices on its distributors and rules out, however, the continuation of the cartel complaint regarding the prohibition of distributors from reselling on third party platforms (Dammann Frères)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a landmark decision, the Competition Authority sanctioned a supplier of premium teas for imposing online resale prices on its distributors. Relatively classic in this respect, the decision is less so with regard to the failure to pursue the cartel grievance for prohibiting online resale by distributors on third party platforms. In the present case the supplier had not adopted a selective or exclusive distribution system, which, as the Competition Authority points out, is commonly the case in the sector. Relations between the supplier and its distributors were therefore usually formalised on the basis of its general terms and conditions of sale,

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Anne-Cécile Martin, Distribution agreement: The French Competition Authority sanctions the promoter of a distribution network for imposing online resale prices on its distributors and rules out, however, the continuation of the cartel complaint regarding the prohibition of distributors from reselling on third party platforms (Dammann Frères), 3 December 2020, Concurrences N° 1-2021, Art. N° 99145, pp. 143-144

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