CASE COMMENTS: RESTRICTIVE PRACTICES - RESALE OUTSIDE A NETWORK - SELECTIVE DISTRIBUTION

Resale outside the network : The Paris Regional Court adopts a very restrictive interpretation of the conditions of application of article L.442-6-I-6° of the Commercial Code (Swatch)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. As is well known, the selective distribution contract is based on the selection, by the head-network supplier, of resellers capable of ensuring a qualitative distribution of its products and on the reservation of the sale of the products to members of the network thus formed, by prohibiting authorised resellers from reselling the products to anyone outside the network. The protection granted to selective distribution networks has been built up over time on the basis of a case-law exception to the principle, laid down in Article 1165, of the relative effect of contracts, and on the basis of the specific rule introduced into Article L. 442-6-I-6° of the

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Mary-Claude Mitchell, Resale outside the network : The Paris Regional Court adopts a very restrictive interpretation of the conditions of application of article L.442-6-I-6° of the Commercial Code (Swatch), 5 December 2014, Concurrences N° 3-2015, Art. N° 75060, pp. 104-106

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