CASE COMMENTS: DISTRIBUTION – QUANTITATIVE SELECTION – FULFILLMENT OF QUALITATIVE CRITERIA – ANTICOMPETITIVE DISCRIMINATION

Selective distribution: The French Supreme Court rules that the reorganisation of a selective distribution network may imply the non-selection of a distributor even if he fulfills qualitative criteria (Guyapat / Rolex et Garage Gremeau / Mercedes-Benz France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Selective distribution has been defined in European Union law, in Article 1-e of Regulation 330-2010 on vertical restraints of competition, as "the distribution system in which the supplier undertakes to sell the contract goods or services, directly or indirectly, only to distributors selected on the basis of defined criteria and in which those distributors undertake not to sell those goods or services to unauthorised distributors in the territory reserved by the supplier for the operation of[ that system"]. The resulting "closure" of the selective distribution network (the "system" in European terminology) as a result of refusals of approval

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  • University of Montpellier

Quotation

Didier Ferrier, Selective distribution: The French Supreme Court rules that the reorganisation of a selective distribution network may imply the non-selection of a distributor even if he fulfills qualitative criteria (Guyapat / Rolex et Garage Gremeau / Mercedes-Benz France), 21 June 2016, Concurrences Nº 4-2016, Art. N° 82057, pp. 112-113

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