Distribution agreement
Is a Supplier liable for the non-delivery of medical products under an international Wholesaler Sales Agreement?
In a dispute over a pharmaceutical distribution contract in Central Africa, the Federal Supreme Court held that a temporary interruption of deliveries falls under the rules of debtor default, while a definitive cessation of deliveries constitutes a breach not covered by a standard liability exclusion clause.
Share purchase agreement
Interpretation and scope of a non-competition clause in a share purchase agreement and judicial reduction of an excessive penalty
This Federal Supreme Court decision concerns a dispute arising from the breach of a non-competition clause in a share purchase agreement between two companies. The court confirmed the breach but upheld a reduction of the contractual penalty on the grounds that it was excessive.