ALERTS: DISTRIBUTION – EXCLUSIVE PURCHASING AGREEMENT – PRICE FIXING – EXCESSIVE PRICES – BURDEN OF PROOF

Exclusive distribution: The Paris Court of Appeal refuses to sanction a supplier unilaterally fixing the price in a framework contract for bad faith or abuse of right (Willy / Total Marketing France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Despite the doctrinal hype it generates, the litigation of abusive price fixing by the supplier in framework distribution contracts is far from being plethoric (for a recent position of the High Court, see cep. Cass. com., Nov. 4, 2014, No. 11-14026). This is why the judgment under comment will be observed with interest. Facts. In the present case, the company Willy operates a service station. Under an exclusive supply contract concluded with the French oil company Total, Willy was granted the status of fuel distributor/retailer under the Total brand for a period of five years. The framework agreement was renewed twice, for the same period. Then,

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  • University of Toulouse

Quotation

Lucas Bettoni, Exclusive distribution: The Paris Court of Appeal refuses to sanction a supplier unilaterally fixing the price in a framework contract for bad faith or abuse of right (Willy / Total Marketing France), 17 March 2021, Concurrences N° 2-2021, Art. N° 100886, www.concurrences.com

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