CASE COMMENTS: DISTRIBUTION – FRANCE – SELECTIVE DISTRIBUTION – CRITERIA FOR APPROVAL

Selective distribution: The Paris Court of Appeal considers, by a concrete examination, that running a brick-and-mortar store is a lawful criterion to be imposed to candidates to a selective distribution network (Concurrence / Samsung Electronics France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Internet is testing selective distribution networks (see not. L. Vogel, Réseaux contre plates-formes : la distribution sélective à l'épreuve de l'internet, in Études en l'honneur du professeur Jérôme Huet, LGDJ 2017, p. 401), and regularly raises questions about the balance to be struck between, on the one hand, the freedom of suppliers to freely organize their distribution network and the concern to protect it against the risks of harm to their image, parasitism or counterfeiting; on the other hand, the prohibition of practices having the object or effect of restricting competition. After the possibility of purely and simply prohibiting online sales by

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Nicolas Ferrier, Selective distribution: The Paris Court of Appeal considers, by a concrete examination, that running a brick-and-mortar store is a lawful criterion to be imposed to candidates to a selective distribution network (Concurrence / Samsung Electronics France), 5 June 2019, Concurrences N° 3-2019, Art. N° 91468, pp. 96-99

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