Exclusive distribution: The French Supreme Court reviews the rules of evidence of the restrictive effect of an exclusivity clause on competition (Tesmec / Eurofor)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Among the decisions handed down by the Commercial Chamber of the Court of Cassation on 18 November 2020 is an interesting one decision concerning the application of an exclusive distribution contract. In the case in point, an Italian manufacturer of slicers had granted a French company exclusive rights to distribute its products and spare parts in France for a period of four years, tacitly renewable. Article 7 of the exclusivity agreement provided that each of the parties could terminate it with one year's notice before the date of its renewal, giving real and serious reasons for its decision. On March 21, 2011, alleging serious breaches by its licensee,