Publications: Distribution Law

NEWS JUNE 2015: No indemnification for the commercial agent under trial period
The trial period as a way to avoid the commercial agent’s indemnification    (Decision of French Supreme Court dated June 23, 2015, n° 14-17.894)                                                                                                                          ...
Publié le 24/09/2015   |   Mis à jour le 11/12/2015
Ban on online sales: a crime of lèse-majesty?! (judgment of the CJEU dated October 13, 2011) (October 2011)
As mentioned in our May 2011 e-newsletter, legal practitioners and leaders of selective distribution networks eagerly awaited the decision of the Court of Justice of the European Union (hereinafter “CJEU”) in response to a request for a preliminary ruling that had been referred to it on November 10, 2009 by the Paris Court of Appeals in the Pierre Fabre Dermo-Cosmétique case (hereinafter “PFDC”). The question was worded as follows: :
“Does a general and absolute ban on selling contract goods to end-users via the Internet, imposed on authorized...
Publié le 07/09/2015
The prohibition of online sales deemed to be "hardcore" restriction by the advocate general of the Court of Justice of the European Union (May 2011)
  In his non binding opinion issued on March 3, 2011, the Advocate General of Court of Justice of the European Union (“CJEU”) seems to follow the reasoning of the Conseil de la Concurrence (the French Competition Council, now known as Autorité de la Concurrence, i.e. Competition Authority) that had considered, in Decision n°08-D-25 rendered on October 29, 2008, that the company Pierre Fabre Dermo-Cosmétique (“PFDC”) had breached Article L. 420-1 of the French Commercial Code and Article 81.1 of the EC Treaty (now Article 101.1 of the Treaty on...
Publié le 07/09/2015
Decisions and main cases of the French competition authority: first year in review (July 2010)
Following the first year of operation of the Autorité de la Concurrence (French Competition Authority, hereinafter the “FCA”), it is time to make an assessment and try to indentify the major trends of the decisions it rendered in 2009. :
1. Overview :
1.1 Main industries targeted by the FCA’s decisions and opinions Most of the FCA’s decisions and opinions were rendered in relation to companies operating in the following industries: distribution (notably because of the numerous inter-professional derogatory agreements)[1], telecommunications,...
Publié le 07/09/2015