CASE COMMENTS: DISTRIBUTION – FRANCE – SELECTIVE DISTRIBUTION – REFUSAL OF SALE

Selective distribution: The French Supreme Court rules that the duty of good faith does not require, from the head of a distribution network, the determination and implementation of a selection process guaranteeing the absence of discrimination (FCA France / Catia automobiles)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Do distributors who are victims of refusal of authorisation still have an interest in bringing an action before the courts in order to invoke a violation of competition law? This is doubtful in view of the developments in case law in recent years (on the whole issue, see N. Ferrier, La liberté de sélection dans la distribution sélective, JCP 2017, 1678). While it is now accepted that the refusal of approval triggers the applicability in principle of antitrust law in that it manifests a concurrence of wills, the victims' claims are in fact systematically rejected (for a few recent examples, see CA Paris, 23 Jan. 2019, RG no. 16/16856, Contrats, conc.,

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Nicolas Éréséo, Selective distribution: The French Supreme Court rules that the duty of good faith does not require, from the head of a distribution network, the determination and implementation of a selection process guaranteeing the absence of discrimination (FCA France / Catia automobiles), 27 March 2019, Concurrences N° 3-2019, Art. N° 91469, pp. 95-96

Visites 257

All reviews