ALERTS: DISTRIBUTION – DISTRIBUTION AGREEMENT – REFUSAL TO DEAL – SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS

Distribution agreement: The Paris commercial court orders as an interim measure the pursuit of deliveries under daily penalty to a supplier in dominant position, who had announced to a client the stop the commercial relationship with a very short deadline, after a disagreement on business conditions, in particular prices, for the upcoming year (ITM Alimentaire International / Coca Cola)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The case, emblematic of the tensions between suppliers and distributors during the annual negotiations, had been revealed last January in particular by the specialised press (LSA n° 2586, 16 January 2020, n° 2586, p. 14). Following a disagreement during year-end negotiations on the pricing and distribution conditions applicable for 2020 with SAS ITM Alimentaire International (ITM), SAS Coca Cola European Partner France (Coca) notified ITM that it would stop deliveries as of 2 January 2020. This disagreement comes after ITM itself notified Coca in August 2019 of a deregistration (which is assumed to be effective in 2020) of part of its products,

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  • Jean-Michel Vertut - Avocat (Montpellier)

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Jean-Michel Vertut, Distribution agreement: The Paris commercial court orders as an interim measure the pursuit of deliveries under daily penalty to a supplier in dominant position, who had announced to a client the stop the commercial relationship with a very short deadline, after a disagreement on business conditions, in particular prices, for the upcoming year (ITM Alimentaire International / Coca Cola), 16 January 2020, Concurrences N° 2-2020, Art. N° 94107, www.concurrences.com

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