CASE COMMENTS: DISTRIBUTION – FRANCE - SELECTIVE DISTRIBUTION – RESALE BY THIRD PARTY – UNFAIR COMPETITION

Selective distribution: The Paris Court of appeal rules that a third-party reseller must reveal the identity of its supplier (Motoworld / Kawasaki, PC Moto)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The phenomenon of parallel resale fuels an inexhaustible litigation as illustrated by the river case which has just been settled before the Court of Appeal of Paris on 29 January 2020 (on the same subject, see below the obs. of N. Ferrier on CA Rennes, 25 Feb. 2020, RG n° 17/03287). In the present case, a motorcycle dealer complained that an independent dealer had marketed vehicles bearing the manufacturer's trade mark in his exclusive territory. He also complains that the manufacturer (in fact the European importer) has failed to fulfil its obligations by failing to ensure that the network is watertight. After a first cassation (Cass. com., 22

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Nicolas Éréséo, Selective distribution: The Paris Court of appeal rules that a third-party reseller must reveal the identity of its supplier (Motoworld / Kawasaki, PC Moto), 29 January 2020, Concurrences N° 2-2020, Art. N° 94551, pp. 98-99

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