Liability: The Paris Court of Appeals revisits the necessity of demonstrating the existence of a selective distribution network as a condition for a liability action on the basis of article L. 442-2 C. com. (Modz / Davimar)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. One of the first issues in selective distribution is the control of illicit behavior by third parties to the network who wish to purchase and resell the products of a network in which they have not been admitted. Among the instruments available to the network promoter to carry out this control is the liability action for breach of the distribution network under Article L. 442-2 C. com. (having modified and replaced the former article L 442-6-I-6 C. com.). In a decision rendered on November 3, 2021, the Paris Court of Appeal provides an illustration of the conditions for implementing such an action and, more broadly, of the questions it raises in a context

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Philippe Vanni, Liability: The Paris Court of Appeals revisits the necessity of demonstrating the existence of a selective distribution network as a condition for a liability action on the basis of article L. 442-2 C. com. (Modz / Davimar), 3 November 2021, Concurrences N° 1-2022, Art. N° 105378, pp. 109-110

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