With respect to Article 6 of Press Release No. 2005/4, the exceptions do not apply to non-competition prohibitions, direct or indirect, under contracts for the sale, maintenance and repair of new motor vehicles. In November 2018, we reported that the European Commission had announced a review of the EU`s distribution rules. It has just published a summary of the results of its public consultation on the Vertical Category Exemption Regulation (which expires on May 31, 2022) and related guidelines. While (…) Facts. A distribution company, a member of the IntermarchÃ© network, was bankrupted following the adoption by the Tribunal of a sales plan in favour of two buyers entitled to replace a company to be created between them. In accordance with Article L. 642-7 of the French (…) Three exemption releases by category are in effect, which contain provisions for selective distribution agreements. These press releases are as follows: press release 2002/2, bulk exemption release on vertical agreements and concerted practices in the automotive sector No. 2005/4 (“news release 2005/4”) and exemption by category on technology transfer agreements No.
2008/2 (communication 2008/2). In such cases, the parties must verify for themselves whether the agreement falls under Article 101, paragraph 1, and, if so, whether it meets the exemption criteria set out in Article 101, paragraph 3. On July 31, 2019, the Paris Court of Appeal (the “Court”) ruled that Hyundai had not discriminated against Garage retailer Richard Drevet by terminating its car distribution contract. In essence, the Court held that any automotive equipment manufacturer is free to decide whether he has access to his (…) In Pierre Fabre16, the European Court of Justice found that a clause in a selective distribution agreement effectively prohibiting distributors from selling their products over the Internet constituted a restriction on competition. Although the contract does not explicitly prohibit internet sales, it provides that the sale is done exclusively from a physical space where a qualified pharmacist was present.