CASE COMMENTS: DISTRIBUTION - COMMERCIAL AGENCY – ONLINE SALES OF THE PRODUCTS BY THE PRINCIPAL – EXCLUSIVE TERRITORY
Online sale : The Bordeaux Court of Appeals states that the principal who sales his products online does not prevent the exclusive commercial agent to fulfill his mandate (Editions Atlas)
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The growth of online sales is accompanied by a rise in disputes between suppliers and distributors.
These are frequently dealt with from the point of view of competition law:
– that it protects the market (law on anti-competitive practices): competition authorities consider that limitations on online sales by distributors who are members of a network are generally anti-competitive restrictions on their passive sales (on the application of competition law to distribution networks, see A.-C. Martin and B. de La Mure, "Quelle stratégie "e-commerce" pour les réseaux de distribution"", Journal des sociétés n° 99, June 2012),
– or that it protects economic
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