CASE COMMENTS: DISTRIBUTION - EXCLUSIVE DISTRIBUTION - TERRITORIAL EXCLUSIVITY - HARDCORE RESTRICTION - PROHIBITION TO SELL

Exclusive distribution: The French Civil Supreme Court recalls the rules and burden of proof for the restrictive effect of a territorial exclusivity clause on competition (Tesmec / Eurofor)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In 2004, Tesmec signed a four-year contract with Eurofor for the exclusive distribution of trenchers and spare parts in France, tacitly renewable for the same period. Article 7 of the contract provides that either party may terminate it with one year's notice before the renewal date, giving real and serious reasons for its decision. In 2011, alleging serious breaches by its partner, Tesmec notified the non-renewal of the contract. The company Eurofor contests this breach by invoking, on the one hand, the violation of the exclusivity clause and, on the other hand, the absence of real and serious cause for the non-renewal. Tesmec was condemned on appeal

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Nicolas Ferrier, Exclusive distribution: The French Civil Supreme Court recalls the rules and burden of proof for the restrictive effect of a territorial exclusivity clause on competition (Tesmec / Eurofor), 18 November 2020, Concurrences N° 1-2021, Art. N° 99140, pp. 147-149

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