DISTRIBUTION: EXCLUSIVE SOURCING – MINIMUM PURCHASING COMMITMENT – MATERIAL PROVISION

Exclusive sourcing: The French Supreme Court approves of a court of appeals refusing to declare null and void an exclusive sourcing contract for lack of cause, considering the paltry level should not be evaluated only on the grounds of quantitative considerations but also on qualitative ones (Schoen distribution)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Does a distributor's commitment to exclusivity of supply call in return for a benefit equivalent to the financial stake in the purchases? The issue is fuelling a developing dispute over "beer contracts", initiated by distributors who wish to change supplier and thus benefit from the advantages offered by the new supplier in view of this "transfer". In the present case, a drinks retailer argued that, since he had given a minimum purchase commitment of €38 000 per year for seven years, he

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Dominique Ferré, Exclusive sourcing: The French Supreme Court approves of a court of appeals refusing to declare null and void an exclusive sourcing contract for lack of cause, considering the paltry level should not be evaluated only on the grounds of quantitative considerations but also on qualitative ones (Schoen distribution), 11 March 2014, Concurrences N° 3-2014, Art. N° 68310, pp. 105-106

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