CASE COMMENTS: DISTRIBUTION - EXCLUSIVE SUPPLY - SALE OF THE BUSINESS ASSETS

Exclusive supply : The Reims Court of Appeals considers that a beverage retailer can’t sale his business without the exclusive supply contract (Doquet)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Distribution agreements in the beer sector are generally based on the commitment by the lessee to obtain supplies only from the other party to the agreement. In return, the other party makes an investment for the benefit of the outlet operator, usually in the form of a loan of equipment. In order to secure this investment, the supplier generally stipulates a penalty clause in the event of early termination, breach of exclusivity or failure to comply with the minimum quantities to be purchased (CA Montpellier, Ch. 2, 3 Feb. 2015, No. 13/07364, Brasseries Milles c/ G.R. Noel, obs. N. Eréséo). The supplier also anticipates the risk of transfer of the business by

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