In a decision dated December 19, 2023, the French Competition Authority fined the ROLEX group 91.6 million euros for prohibiting its authorized distributors from reselling its watches online for more than 10 years.
Many entrepreneurs who want to start distributing branded products wonder whether it is necessary to obtain the agreement of the brand owner (the supplier) and to enter into a distribution contract.
The answer to this question depends on the nature of the product and the distribution method chosen by the supplier.
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Until now, criminal sanctions for violations of competition law, as provided for in the Commercial Code, could be applied in the future. In addition to administrative fines for companies (up to 10% of the worldwide turnover of the companies concerned), prison sentences and fines for individuals could be added.
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After simplifying and digitizing the procedure in 2019, the Authority is now offering greater legal certainty to companies by allowing them to request the designation of a team in charge of the file and by committing to rule on the completeness of the file within 10 working days.
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