CASE COMMENTS: DISTRIBUTION – MARKET PENETRATION CLAUSE – OBJECTIVE CONDITIONS – DISCRIMINATORY IMPLEMENTATION

Exclusive distribution: The French Supreme Court upholds that a market penetration clause based on objective conditions and which was not discriminatory is lawful (Sodea / General Motors France)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The setting of quotas (minimum quantities to be bought or sold in), of minima (minimum quantities to be resold or sold out), or of market penetration coefficients (market shares to be gained) accompanies practically all network distribution contracts, whether selective, exclusive or franchised distribution. In the automotive sector, the parties generally opt for market penetration clauses based on

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Nicolas Éréséo, Exclusive distribution: The French Supreme Court upholds that a market penetration clause based on objective conditions and which was not discriminatory is lawful (Sodea / General Motors France) , 12 April 2016, Concurrences Nº 3-2016, Art. N° 80830, p. 96

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