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

Selling conditions are not necessarily the same in the twenty-seven markets of the European Union and the members of a national network may face competition from imports from other Member States. All the same, an exclusive distributor must be able to respond to any unsolicited request from a customer even coming from outside that territory. Parallel imports are therefore lawful.
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Ban on parallel imports/cross-supplies

Selling conditions are not necessarily the same in the twenty-seven markets of the European Union and the members of a national network may face competition from imports from other Member States. All the same, an exclusive distributor must be able to respond to any unsolicited request from a customer even coming from outside that territory. Parallel imports are therefore lawful.

Following the example of the EU authorities, the Competition Authority considers absolute territorial protection for exclusive distribution network members to be anticompetitive . Notably, combining an exclusive sourcing obligation with an export ban has been judged anticompetitive : the supply obligation prevents cross-selling between exclusive distributors, which is incompatible with the free play of competition ; the ban on exports also creates an artificial allocation of national markets. The mere act of limiting the dealers' export capacity outside their exclusive zone is, according to the Authority, tantamount to an absolute territorial protection . Similarly, monitoring imports or export capacities distorts competition and leads to the allocation of national markets . In short, pressure exerted by a supplier on its distributors designed to hinder parallel imports falls under the prohibition of restrictive agreements . 

However, although such agreements are prohibited, the invalidity of a clause by which a supplier purports to prevent his dealer from engaging in parallel imports does not lead to the invalidity of the contract as a whole, where it is not the motivating and decisive factor of the agreement .

Competition Council decision No 91-D-22 of 14 May 1991, LawLex200200002669JBJ; No 93-D-50 of 23 November 1993, LawLex200200002651JBJ.

Competition Council decision No 93-D-50 of 23 November 1993, LawLex200200002651JBJ.

Competition Council decision No 96-D-17 of 19 March 1996, LawLex200200002568JBJ (exclusive and selective distribution network).

Competition Council decision No 97-D-68 of 23 September 1997, LawLex200200002493JBJ.

Competition Council decision No 97-D-21 of 25 March 1997, LawLex200200002454JBJ; No 97-D-68 of 23 September 1997, LawLex200200002493JBJ.

Competition Council decision No 00-D-35 du 26 September 2000, LawLex200200002547JBJ.

See Cass. com., 1 March 1994, LawLex200200001595JBJ, quashing CA Paris, 15 November 1991, LawLex200200001778JBJ.

French Distribution Law

46. Ban on parallel imports/cross-supplies

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46. Ban on parallel imports/cross-supplies

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise