Les pratiques restrictives

Erwann Kerguelen

Restrictive trade practices are at the heart of the concerns of more and more actors in economic life, in particular because of the harmful effects they have on the economy. With the main objective of rebalancing commercial relations between economic operators, Article L. 442-6 of the Commercial Code is the cornerstone of the system for sanctioning these practices.

Although often criticised, the implementation of this provision has not been analysed in a way that would provide companies and practitioners with a global overview, so that, given its importance, an assessment of the application of this text seems most interesting.

This is why, through an exhaustive analysis of the case law over a period of 10 years (between 2004 and 2013), this work aims to enable each economic operator to assess the balance of his commercial relationship, through the conditions retained by the case law for the application of the text, the classification of a breach and its consequences, in particular financial.

See the foreword by Nathalie Homobono
Didier Ferrier’s preface
Table of Contents

Erwann Kerguelen is an inspector at the DGCCRF, currently rapporteur at the French Competition Authority.

Foreword by Nathalie Homobono Preface by Didier Ferrier


  • French Competition Authority (Paris)

Publisher Concurrences

Date 30 September 2015

Number of pages 432