Refusal to sale: The Paris Court of Appeal condemns a supplier for refusal to sale holding that there were both a cartel and an abuse of dominant position (NGK Spark Plugs France c/ Société de commercialisation de produits industriels)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The liberal trend currently enjoyed by the promoters of selective distribution networks does not allow for all types of behaviour, as illustrated by the conviction for refusal to sell decided against a manufacturer by the Paris Court of Appeal on 5 July 2017 (see Lettre distribution, Sept. 2017, p. 5, obs. K. Biancone). In the present case, a distributor who wished to be approved by a manufacturer for the distribution of spark plugs for two wheels had been refused two successive refusals to sell. It had each time summoned the supplier