COMPETITION • FRENCH LAW • RESTRICTIVE PRACTICES
A supplier’s refusal to sell to a distributor with which there has been a long-term business relationship may constitute a sudden termination of an established commercial relationship, unless it is shown that the order is abnormal or that it is materially impossible to fulfill. Like refusals to sell, refusals to provide services may fall within the scope of Article L. 442-1, II of the Commercial Code. Thus, the partner who refuses to resume performance of a service, which has been partially terminated, is liable for the definitive termination of the relationship. On the other hand, a refusal to sell is not reprehensible when it is based on a series of payment defaults on the part of its alleged victim.
