CASE COMMENTS: DISTRIBUTION – ON-LINE SALES PLATFORM - NON-NET RESALE - COMPETENT JURISDICTIONS

Selective distribution: The European Court of Justice decides that the court having jurisdiction to hear an action for damages for breach of a selective distribution network resulting from the offer on websites operating in different Member States in the sense that the place where the damage occurred is to be considered as the territory of the Member State protecting the prohibition (Concurrence / Amazon ; Samsung)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The company Concurrence - which is active in the retail sale of electronic products intended for the general public through a store located in Paris and an online sales website called "concurrence.fr" - is constantly fuelling litigation over the prohibition of resales via marketplaces, in selective distribution networks (Cf. in particular Autorité de la concurrence, 23 July 2014, dec. 14-D-07, note A. Ronzano). In the present case, in March 2012, it concluded a selective distribution agreement with Samsung concerning top-of-the-range products of the Samsung brand, stipulating, inter alia, a ban on the sale of those products on the Internet. Almost

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Anne-Cécile Martin, Selective distribution: The European Court of Justice decides that the court having jurisdiction to hear an action for damages for breach of a selective distribution network resulting from the offer on websites operating in different Member States in the sense that the place where the damage occurred is to be considered as the territory of the Member State protecting the prohibition (Concurrence / Amazon ; Samsung), 21 December 2016, Concurrences N° 2-2017, Art. N° 83930, pp. 106-107

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