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The French Competition Authority adopts decision relating to agency in women’s clothing and accessories sector (Punto Fa)

On 30 June 2009, the French Competition Authority adopted a decision rejecting the complaint brought by the French Minister for the Economy for alleged resale price maintenance involving Punto Fa SL (“Punto Fa”) and its agents in France. Punto Fa is a supplier of women’s clothing and accessories under the brand Mango. In this decision, the French Competition Authority concluded that there was no infringement of Article 81 EC or the equivalent provision of French law since Punto Fa‘s retailers acted as genuine agents for their supplier and therefore formed a “single economic unit” with the supplier for the purposes of the competition rules (notwithstanding the fact that the agreements expressly indicated that these were not agency agreements). Therefore, the French Competition Authority

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The French Competition Authority adopts decision relating to agency in women’s clothing and accessories sector (Punto Fa), 30 June 2009, e-Competitions Bulletin June 2009, Art. N° 42192

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