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ARTICLES : CONFERENCE- CAEN - REGULATION N°330/2010 - DISTRIBUTION CONTRACTS
This first roundtable of the conference held in Caen the 4th October 2013 was dedicated to the scope of the Regulation n°330/2010. In the first contribution, Ms Chroné-Grimaldi underlines that even when a practice does not affect trade between Member States, French Competition Authority and Courts apply Regulation n°330/2010 as a “guide d’analyse utile,” i.e. a non-binding instrument. The implementation of these rules is original. It leads National Competition Authority and Courts to apply European competition rules when the European law criterion is not satisfied. Mr Michel Ponsard, author of the second contribution wonders if the automobile sector enters in the scope of the Regulation. The object of the last article written by Grégoire Toulouse, is to determine whether and to what extent the “commissionaire-affilié” (licensed commission agent) can be considered as an “agent” in the meaning given to it by the European Court of Justice and the European Commission and therefore, whether or not the “commission-affiliation” falls within the scope of article 101 of the Treaty on the Functioning of the European Union.