Competition Law Distribution Agreements

Nicolas Feuillatte Champagne and two importing distributors for the maintenance of exclusive import agreements in the French West Indies – Background According to a report by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Enforcement (DGCCRF), the Authority (…) 2. Competition webinar organized in partnership with Fidal conference “1. Distribution, competition and anti-competitive practices.” Panel with Pierre Chambu (Head of Consumer Protection and Market Regulation, DGCCRF), Anne-Sophie Choné-Grimaldi (Professor, University of Paris Nanterre), Nathalie Dostert (Vice-President, Paris Commercial Court), Richard Panquiault (Director General, Institute for Consumer Business Liaison – ILEC) and Philippe Vanni (Sales/Competition Manager) Closing Interview with Virginie Beaumeunier (Ceo, DGCCRF), Daniel Fasquelle (Professor, University of Littoral-Cé Senior Counsel, Squadra Lawyers Former member of the French Parliament, Irene Luc (Vice-President, Competition Authority) and Alexandre Lacresse (partner, Fidal). Selective distribution: Selective distribution agreements, such as Zwiereiher, limit the number of licensed distributors and resale opportunities. The difference from exclusive distribution is that the limitation of the number of merchants does not depend on the number of territories, but on selection criteria that are primarily related to the type of product. Another difference from exclusive distribution is that the resale restriction is not a restriction on active sales in an area, but a restriction on sales to unlicensed distributors, designated distributors and remaining end customers as potential buyers. Selective distribution is almost always used to market end-of-brand products. © European Commission, according to the vertical restrictions guidelines, “in an exclusive distribution agreement, the supplier undertakes to sell its products to only one distributor for resale in a specific area.” The vertical restrictions guidelines state that the potential competitive risks associated with exclusive distribution are essentially resulting in reduced intra-brand competition and market silos, which can, among other things, facilitate price discrimination.

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