CASE COMMENT - SELECTIVE DISTRIBUTION - POSSIBILITY OF A THIRD PARTY TO RELY ON A CONTRACT - COEXISTENCE OF DISTRIBUTION NETWORK - LEGALITY OF A SELECTIVE DISTRIBUTION NETWORK

Selective distribution: The Court of Cassation holds that a third party can rely on the infringement of a selective distribution agreement against a selected distributor as well as a non-selected distributor (Auchan/Levi Strauss)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Court of Cassation, Commercial Chamber, 11 January 2005, Appeal No. 02-10.566, Auchan France v. Levi Strauss Continental Company Facts Levi Strauss has found Levi's brand products in Auchan stores that are not part of its selective distribution network. By judgment of 16 May 2001, the Commercial Court of Evry, before which Levi Strauss brought proceedings, ordered Auchan to cease immediately the marketing of Levi's branded products from the EU and EFTA, subject to a penalty payment. Auchan has appealed this decision. The Paris Court of Appeal, in a judgment of 7 November 2001, upheld the decision handed down at first instance. It considered that "the

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  • University of Montpellier

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Didier Ferrier, Selective distribution: The Court of Cassation holds that a third party can rely on the infringement of a selective distribution agreement against a selected distributor as well as a non-selected distributor (Auchan/Levi Strauss), 11 July 2005, Concurrences N° 2-2005, Art. N° 27707, www.concurrences.com

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