Exclusive distribution in the ubiquitous world of e-commerce

The exclusive distribution contract, an evolving form of practice between merchants aimed at establishing a new type of relationship between manufacturers and distributors, and ensuring better service for the consumer. This commercial practice, long ignored by the legislator, is much more developed by the abundant doctrine and contractual commercial practice. It refers to a commercial contract concluded intuitu personae by which an independent trader obtains goods from another independent trader, which he undertakes to market under his own brand, granting him exclusive sales rights for a certain period of time in a given geographical area. With the emergence of new information and communication technologies, in this case e-commerce, the territorial exclusivity of this contract is being called into question by the omnipresence of e-commerce. The latter tends to erase all border delimitations.