Hugues Villey, François Dauba, partners in the Competition/Distribution department, and Mélati Gauvry, analyze in a study published in the Revue Lamy de la Concurrence (n°110 / November 2021) the contributions of the “Pyxis” rulings on the differentiation of treatment by a supplier of its distributor customers.

The possibility for a supplier to treat differently customers who are in different situations has been the subject of numerous legal debates since 1996. Today, a supplier has the right to implement differentiated terms and conditions of sale, as long as the differentiation established between its buyers is objectively justified. As a result of this right, the obligation to communicate its GTC to its customers only concerns those applicable to the category of buyers to which the applicant belongs. These are the consolidated contributions of the Pyxis decisions rendered by the Paris Court of Appeal on July 4, 2019 and June 2, 2021.

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