CASE COMMENTS: DISTRIBUTION - CONCESSION - EXCLUSIVE DISTRIBUTION - MOTOR VEHICLE SECTOR
Exclusive concession : The Paris Court of Appeals rules that a supplier is responsible when sales are operated in the exclusive area of a distributor (Motoworld, Pc Moto)
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Do proceedings pending before the Competition Authority allow the subject of the proceedings to suspend the performance of its obligations on the grounds that they are likely to have an anti-competitive object or effect?
This is essentially the problem that the Paris Court of Appeal was called upon to resolve in a judgment handed down on 9 September 2015 after cassation and referral (Cass. com. 22 Oct. 2013, No. 12-22.281).
In the present case, the dispute was between a motorcycle dealer and a parallel reseller who, between 2007 and 2009, had
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