CASE COMMENTS: DISTRIBUTION - FRANCE - OFF-NETWORK RESALE - PLATFORM - HOST STATUS - SUMMARY JUDGMENT

Selective distribution: The Paris Court of Appeal rules that a manifestly unlawful disturbance has not been established and interim measures cannot be decided when the supplier fails to establish the active role of a platform in the marketing of its products by parallel resellers (ebay Marketplace / Beauté Prestige international)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is well known that off-network distributors often use platforms such as eBay or Amazon Market Place to reach a larger number of customers. In this context, manufacturers, network promoters and other brand owners have every interest in directing actions towards these platforms in order to curb the phenomenon of parallel reselling as much as possible. In practice, they often come up against the Law for Confidence in the Digital Economy (LCEN) which, in application of European Directive 2000/31/EC of 8 June 2000 on electronic commerce, has established a system of reduced liability for certain operators qualified as hosts. A new illustration of this is

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Nicolas Éréséo, Selective distribution: The Paris Court of Appeal rules that a manifestly unlawful disturbance has not been established and interim measures cannot be decided when the supplier fails to establish the active role of a platform in the marketing of its products by parallel resellers (ebay Marketplace / Beauté Prestige international), 1 July 2021, Concurrences N° 4-2021, Art. N° 103391, pp. 85 - 86

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