Essay preview
We have chosen to talk about competition law through the distribution on the web, it appeared to us as an interesting topic. Mostly because we do not heard a lot about this kind of rules on the Internet, there is a blur around the applicable laws and legislation when we think about distribution on the web. So we have decided to treat this subject by explaining factually the legislation surrounding the distribution on the web and finally by answering the following question: Is Internet is a lawless area for distribution, alongside the traditional distribution? Are there any rules about competition law? Are they different than traditional ones? Distribution on the Internet
Besides being a lever for recruitment of clients, the Web has become a major tool to improve consumer relations. Retail brands then optimize synergies between the Internet and their stores to showcase their catalog, events and relay their business operations, but also to improve the service provided to consumers during the preparation of its purchases and consumption. Internet challenges traditional distribution. By its transboundary nature, the Internet allows a global supply that affects a large customer base in violation of any exclusives granted to authorized distributors. The sale of online distributors with conditions
In distribution, it is necessary to distinguish two types of distributors: not approved distributors and dealers approved by the sponsor network. A) Non-approved distributors
With regard to non-approved distributors, established case law of the trial court considered that they had no right to sell online if they were "pure players", that is to say the business of selling remotely via the Internet does not have physical outlet. And this case was validated by a judgment of the Supreme Court dated October 16, 2007: the famous case Bijourama. In this case, it was a company specializing in Internet sales of products, clocks and the manufacturer of branded watches, Festina, he was denied approval within its selective distribution network on the grounds that Bijourama was a "pure player". The Competition Council, faced at trial, had sided with the Festina company provided that the latter provides not selling "Internet...