ALERTS : DISTRIBUTION - INDIVISIBLE CONTRACT - TERMINATION

Retail distribution: The French Supreme Court confirms its case law on the notion of indivisible agreement for an "accord de panonceau" (Abihssira / ACDLEC)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts A merchant was the beneficiary, as a member of an association of distribution centres, of a "sign contract" allowing him to use the brand and logo of a mass retailer in the stores he operated. In return, he was a member of two purchasing groups, one at a national level, the other at a regional level. For having incorporated his own company that owned a warehouse used as a reserve for his stores and thus committed an act of unfair competition, the merchant had been struck off the association, had had his sign contract terminated and had consequently been excluded from the buying groups. He then sought the annulment of these decisions and the payment

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Philippe Vanni, Retail distribution: The French Supreme Court confirms its case law on the notion of indivisible agreement for an "accord de panonceau" (Abihssira / ACDLEC), 13 November 2008, Concurrences N° 1-2009, Art. N° 27962, www.concurrences.com

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