This book provides a wide-ranging review of the European rules relating to distribution: exclusive purchase and exclusive supply, exclusive and selective distribution, motor vehicle distribution, franchises, commercial agents.

French Distribution Law

An exclusive purchase clause is not restrictive of competition per se. According to the Competition Council, exclusive purchase imposed on distributors outside the supplier's network must be assessed according to the rule of reason under Article L. 420-1 of the French Commercial Code .
The Competition Authority applies the Regulation on Vertical Restraints as a guideline for analysis in the contex …

Rule of reason.

An exclusive purchase clause is not restrictive of competition per se. According to the Competition Council, exclusive purchase imposed on distributors outside the supplier's network must be assessed according to the rule of reason under Article L. 420-1 of the French Commercial Code .

The Competition Authority applies the Regulation on Vertical Restraints as a guideline for analysis in the context of the rule of reason, even where its conditions of application are not met . If the supplier's and purchaser's market shares are less than 30%, the agreement will be exempted where it contains no black or red clauses. In case of exclusive purchase, the duration of the non-compete obligation must be less than five years.

Competition Council decision No 92-D-56 of 13 October 1992, LawLex200200002436JBJ.

Competition Council decision No 02-D-36 of 14 June 2002, LawLex200200002181JBJ, which excludes the application of Regulation No 2790/1999 to vertical agreements prior to its effective date; No 03-D-39 of 4 September 2003, LawLex200300003480JBJ, which states that even if Regulation No 2790/1999 is not applicable to agreements entered into before its effective date, it must be used as an analysis guideline; No 03-D-40 of 5 September 2003, LawLex200300003479JBJ, use of Regulation No 2790/1999 as an analysis guideline to apply internal law to a vertical agreement on prices; No 03-D-53 of 26 November 2003, LawLex200300004584JBJ, referring to the Notice on agreements of minor importance to assess the existence of hardcore restrictions within a selective distribution agreement; No 03-D-60 of 17 December 2003, LawLex200400000043JBJ, reminding that Regulation No 2790/1999 may be used as an analysis guideline.

French Distribution Law

21. Rule of reason.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

21. Rule of reason.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise