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

Outside its contractual obligations, the supplier has a general duty of fair competition, which is assessed in concreto. Thus, disclosure by a supplier of its distributor's customer file to a competitor of that distributor, with whom the supplier has merged, does not constitute unfair competition . In that particular case, the merger justified the disclosure of the information in question, especia …

Fair performance.

Outside its contractual obligations, the supplier has a general duty of fair competition, which is assessed in concreto. Thus, disclosure by a supplier of its distributor's customer file to a competitor of that distributor, with whom the supplier has merged, does not constitute unfair competition . In that particular case, the merger justified the disclosure of the information in question, especially given that after the merger, the two entities formed one single legal entity. 

The obligation of fairness does not only refer to the obligation to compete fairly. The supplier is also bound to perform the contract fairly. Thus, he does not fail to meet the fairness obligation by refusing to authorize the move by one of his distributors from a city center location to the outskirts of the city insofar as the refusal is justified due to the recent appointment of a new dealer in the area in question and by the strategic necessity to have a sales outlet for the products concerned in the city center 

Lastly, it has been held that a supplier commits a wrongdoing when it excludes one of its distributors from promotional actions implemented in favor of the brand .

CA Paris, 23 September 1998, LawLex200200000518JBJ.

CA Paris, 4 September 2013, LawLex201300001261JBJ.

CA Paris, 6 September 2000, LawLex200200004752JBJ.

French Distribution Law

84. Fair performance.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

84. Fair performance.

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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