ALERTS: DISTRIBUTION – PRICE FIXING – ABUSIVE PRICING – TERMINATION OF SUPPLY

Supply contract: The Grenoble Court of Appeal refuses to sanction a supplier for bad faith in the unilateral modification of prices, as the distributor cannot prove the extent of the alleged damage (Medical Implants / Zimmer Biomet France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts and procedure Pursuant to an agreement dated May 31, 2012, renewed by amendment until February 12, 2016, Biomet (the supplier) entrusted Médical Implants (the distributor) with the distribution of its products and medical devices. During 2014, difficulties arose between the parties regarding the pricing conditions applied by the supplier, mainly concerning the existence of discounts granted to its distributor. On October 10, 2014, the supplier informed the distributor that the agreement would not be renewed at its end on February 12, 2016. Claiming defective performance of the contract due to the unilateral modification of the pricing conditions,

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  • University of Toulouse

Quotation

Lucas Bettoni, Supply contract: The Grenoble Court of Appeal refuses to sanction a supplier for bad faith in the unilateral modification of prices, as the distributor cannot prove the extent of the alleged damage (Medical Implants / Zimmer Biomet France), 14 January 2021, Concurrences N° 2-2021, Art. N° 99908, www.concurrences.com

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