Selective distribution: The French Supreme Court decides that neither European law nor national competition law prohibit the mere refusal, by the operator at the head of a qualitative selective distribution network, to approve distributors who meet the selection criteria, only a discriminatory implementation of the latter having the object or effect of distorting competition, or a refusal having the same object or effect, being prohibited by article 101 §1 of the TFEU and article L. 420-1 C. com. (Garage de Bretagne / Mercedes-Benz France) (Safirauto / Hyundai motor France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In three rulings handed down on the same day, concerning refusals to approve former approved distributors by suppliers of selective automotive distribution networks, the French Supreme Court confirmed that the supplier of a selective distribution network is not obliged to approve all applicants who meet the selection criteria. In this respect, it specifies the reservations necessary to ensure that such a refusal is lawful from both a contractual and a competitive standpoint. The solutions are not surprising, given the jurisprudential movement in which they are part of (see in particular. CA Paris Oct. 19, 2016, no. 14/07956; CA Paris March 27, 2019, no.

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Anne-Cécile Martin, Selective distribution: The French Supreme Court decides that neither European law nor national competition law prohibit the mere refusal, by the operator at the head of a qualitative selective distribution network, to approve distributors who meet the selection criteria, only a discriminatory implementation of the latter having the object or effect of distorting competition, or a refusal having the same object or effect, being prohibited by article 101 §1 of the TFEU and article L. 420-1 C. com. (Garage de Bretagne / Mercedes-Benz France) (Safirauto / Hyundai motor France), 16 February 2022, Concurrences N° 2-2022, Art. N° 106206, pp. 117-118

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