Exclusive Purchase Agreement

On 26 December 2019, the newly created Competition Authority of New Caledonia issued its first sanction decision. This is a practice of maintaining exclusive import agreements, which are sometimes accompanied by a non-competition clause and are contrary to Article 421-2-1 of Article 421-2-1 of the (…) PandaTip: The arbitration part of this proposal ensures that all disputes relating to this exclusivity agreement are resolved by a neutral arbitrator and not by a court. This speeds up the resolution of all disagreements and saves both parties time and money. V. Beer Supply Agreements (Title II regulation (CEE) No. 1984/83 II. Exclusive distribution and exclusive operating agreements [regulations (EEC) 1983/83 and (EEC) No. 1984/83] 29. It would also be inconsistent with the regulation for the exclusive distributor to limit itself to supplying only certain categories of customers (for example. B specialist dealers) on its contractual territory and that it is forbidden to supply other categories (for example. B department stores) delivered by other resellers ordered for this purpose by the supplier. (1) JO 36, 6.3.1965, 533/65. A company that operates a restaurant enters into a 5-year contract with a beverage wholesaler, under which the restaurant operator agrees to obtain exclusively from the wholesaler a consideration for the payment of an advance on rebate of 5,000 euros.

Less than a year later, the wholesaler (…) 15. The supplier may delegate the performance of its contractual obligations to a related or independent company entrusted to the marketing of its products, so that the reseller must acquire the contractual assets of that company. This principle is explicitly mentioned only in Regulation (EEC) No. 1984/83 (Articles 1, 6 and 10), since the issue of transfer arises mainly in the context of exclusive tender contracts. However, it also applies to exclusive distribution agreements within the meaning of Regulation 1983/83. 12. The rental of goods for remuneration is economically closer to the resale of goods than to the provision of services. Accordingly, the Commission considers that the exclusive agreements under which the purchaser party leases or leases the goods delivered to it to others are covered by the regulation.