CASE COMMENTS: DISTRIBUTION - DISTRIBUTION AGREEMENT - NETWORK - PREFERENCE PACT

Distribution agreement: The French Supreme Court interprets a clause in a distribution contract granting the distributor a right of priority in the event that it is located near a new point of sale proposed by the supplier, and rules on its violation (Hexa plus santé / Thalys Médical)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In 2006 and 2008, the company Talys subscribed, in 2006 and 2008, two contracts of membership to the distribution network of medical products under the name "La Vitrine médicale", constituted by the company Hexa, in order to operate two sales outlets located in Sevrier and Aix-les-Bains. Article 3 of these contracts stipulates: "No area of exclusivity is set up under this contract. However, in the event that the licensor proposes the establishment of a new sales outlet in order to provide better coverage of the national territory, the latter shall offer it as a priority to the member closest to the new site envisaged. The member will then have a period of

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Nicolas Ferrier, Distribution agreement: The French Supreme Court interprets a clause in a distribution contract granting the distributor a right of priority in the event that it is located near a new point of sale proposed by the supplier, and rules on its violation (Hexa plus santé / Thalys Médical), 24 June 2020, Concurrences N° 4-2020, Art. N° 97623, pp. 143-144

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