ALERTS: DISTRIBUTION - DISTRIBUTION AGREEMENT - EXCLUSIVITY CLAUSE - INTRA BRAND COMPETITION

Exclusive distribution: The Paris Court of Appeal considers that the online sale in local currency is not an active sale entailing an infringement of the contractual exclusivity of the local retailer (Trevinvest / Kaporal)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Few judicial decisions on this subject have been handed down, even though these situations are multiplying. A ready-to-wear brand had entrusted a local distributor with the exclusive distribution of its products for Switzerland. A distribution contract was signed in 2006 and terminated in 2015 following various disagreements between the brand and the distributor. The disagreements became contentious. In order to engage the liability of its co-contracting party, each of the two players, the supplier and the distributor, claimed various contractual non-performance: the supplier claimed that the distributor had failed to respect the payment deadlines provided

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Marie-Pierre Bonnet-Desplan, Exclusive distribution: The Paris Court of Appeal considers that the online sale in local currency is not an active sale entailing an infringement of the contractual exclusivity of the local retailer (Trevinvest / Kaporal), 30 August 2019, Concurrences N° 4-2019, Art. N° 92219, www.concurrences.com

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