CASE COMMENTS: DISTRIBUTION – FRANCE - EXCLUSIVE DISTRIBUTION – UNFAIR COMPETITION – DENIGRATION – THIRD-PARTY RESELLER

Exclusive distribution: The Toulouse Court of Appeal sentences an exclusive distributor for denigrating a third-party reseller (SB / Photon)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In distribution matters, when the courts examine claims based on unfair competition (Civil Code, art. 1240), it is generally at the initiative of network operators wishing to be compensated for damage caused by a parallel reseller (for a reminder of the applicable solutions, see above in this column our observations on CA Paris, 29 Jan. 2020, RG n° 17/19255...).). It is much rarer if the request is made by the parallel dealer himself. However, if the parallel dealer's activity is considered lawful, it deserves - like any other professional activity - to be protected against unfair conduct, even when it comes from an "official" distributor. This is

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Nicolas Éréséo, Exclusive distribution: The Toulouse Court of Appeal sentences an exclusive distributor for denigrating a third-party reseller (SB / Photon), 12 February 2020, Concurrences N° 2-2020, Art. N° 94553, pp. 101-102

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