University Littoral-Cote d'Opale (Dunkerque)

Daniel Fasquelle

University Littoral-Cote d’Opale (Dunkerque), Squadra Associés (Paris)
Professor, Senior Counsel

Daniel Fasquelle is Professor of Law (1997), Dean of the Law Department at the University of Littoral-Côte d’Opale since (1998-2008). He is teaching EU Law, Antitrust Law, Comparative Law, Former Director of the post L.L.M. Master in European and Comparative Law with Kent Law School in Canterbury (GB). He is the author of « American and European Antitrust Law. A Study of the Rule of Reason”, and co-author of various books and numerous articles, Former Chief Editor for the Joly European Law Dictionary. As Director of the Research Law Center of Boulogne-sur-mer (LARJ), he has launched a comparative research program on « the exchange between the legal systems » together with Kent Law School, Boston College Law School and the law departments of the Universities of Paris X Nanterre and Lille II. He is a Board member of AFEC, and member of the CEDECE (Commission for European Law studies). Mr Fasquelle is Senior Counsel at Squadra Associés since 2020.

Linked authors

University Littoral-Cote d’Opale (Dunkerque)
University Littoral-Cote d’Opale (Boulogne/Mer)
University Littoral-Cote d’Opale (Dunkerque)
University Littoral-Cote d’Opale (Dunkerque)

Videos

Daniel Fasquelle (Assemblée nationale)
Daniel Fasquelle 7 October 2019 Paris
Daniel Fasquelle (French National Parliament)
Daniel Fasquelle 14 June 2019 Paris
Daniel Fasquelle
Daniel Fasquelle 21 February 2019 Paris
Daniel FASQUELLE - Assemblée Nationale
Daniel Fasquelle 30 September 2014 Paris

Articles

461031 Review

Paul Belleflamme, Francisco Costa Cabral, Tim Cowen, Daniel Fasquelle, Paula Forteza, Inge Graef, Max Huffman, Frédéric Marty, Jacques Moscianese, Gabriella Muscolo, Martin Peitz, Sebastien Soriano, Thierry Warin, Ramsi Woodcock Digital & competition

2800

This series of articles highlights the existing debate about the role of competition policy in the digital economy. Each contribution addresses the subject from a different perspective. The first two discuss non-price strategies practiced by monopoly digital platforms and remedies that can be (...)

Caroline Bellone, Catherine Prieto, Daniel Fasquelle, Jean-Christophe Grall, Julia Xoudis, Juliette Thery-Schultz, Léna Sersiron, Marie-Alice Fasquelle-Leonetti, Romain Travade Agriculture and competition law, towards reconciliation?

1893

What was implicit, and has been established in November 2017 by the Court of Justice in the judgment on endives, has been specifically laid down by the European legislator in the omnibus regulation of December 2017: the prohibition on cartels does not apply to producer organizations and (...)

Daniel Fasquelle, Laurent Roberval Unfair competition: The Court of Cassation rules on the inability to sell a judicial constraint imposed under unfair competition rules (Absolute c/Dipa)

2735

Cass. com, March 3, 2009, Société Absolute v/ Société Dipa, n° 08-10.923 Can the new operator of a magazine apply for the liquidation of a periodic penalty payment imposed on its predecessor in order to put an end to an unfair competition practice? This is the question that was put to the judges of (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation: The Court of Cassation holds that the Minister of Economy can substitute a supplier even without his agreement in order to act before the Courts (ITM alimentaire c/ Ministre)

3583

Cass. com, 8 July 2008, ITM alimentaire c/ Ministre de l’économie, n° 07-13.350 Cass. com, 8 July 2008, Minister for the Economy v GALEC, No. 07-16.761 The Court of Cassation has put an end to the uncertainty linked to the power of substitution granted to the Minister of the Economy on the basis (...)

Daniel Fasquelle, Laurent Roberval Modernisation of the Economy Act: The Legislator progresses toward the finalization of the law on the modernization of the Economy (Loi de Modernisation de l’économie)

4418

Draft Law on the Modernization of the Economy (restrictive practices) As we conclude this section, in early July 2008, the Economic Modernization Act is still before the Senate. It is possible, however, to identify the main trends in this new reform, at least in its trade relations component. (...)

Daniel Fasquelle, Rodolphe Mesa Parasitism : The Court of Cassation holds that a mere contractual breach does not constitute parasitism (Soc. pluyolaise d’articles chaussants/Soc. Michel Fargeot)

4659

Cass. com, 11 March 2008, Société pluyolaise d’articles chaussants (SPAC) v/ Société Michel Fargeot, No. 07-10.413 The ruling handed down by the Commercial Chamber of the Court of Cassation on 11 March 2008 provides some useful clarifications regarding the basis for the sanctioning of parasitic (...)

Daniel Fasquelle, Laurent Roberval Code of good practices: The CEPC Commission supports a code of good practices between the professional of insurance and automobile (Good practices between the professional of insurance and automobile)

3536

CEPC, Opinion n° 08-02 of 7 February 2008 on practices followed in commercial relations between insurers and body repairers, and its attached charter. The use of codes of conduct to regulate commercial relations is a method used by many States (J. Watin-Augouard, "Codes of conduct: when Europe (...)

Daniel Fasquelle, David Spector, Dominique de Gramont, Jean-Patrice de La Laurencie, Jérôme Bédier, Muriel Chagny «Chatel» Law: A new deal for producers & distributors - Some legal and economic points of view

10932

INTRODUCTORY WORDS Jean-Patrice DE LAURENCIE Counsel to the Court I. Brief presentation of the law 1. Law No. 2008-3 of 3 January 2008 "for the development of competition in the service of consumers’ (OJ of 4 January 2008, p. 258), already The Chatel law, known as the "Chatel law", has two (...)

Daniel Fasquelle, Laurent Roberval Restrictive practices: The University of Montpellier publishes the 2006-2007 report of civil matter and State prosecution in the field of restrictive practices (Montpellier Law Faculty Report)

3296

Observatoire des pratiques commerciales: 18 months of court decisions available on the site of the Commission d’examen des pratiques commerciales (Report of the Faculty of Law of Montpellier, 2006-2007) The Faculty of Law of Montpellier delivered a new report in the framework of the partnership (...)

Daniel Fasquelle, Laurent Roberval Discriminatory practices: The CEPC Commission renders an opinion on price discriminatory practices in the pharmaceutical sector (Pharmaceutical sector)

4403

In commented opinion No. 07-04 of 14 June 2007, the Commission d’examen des pratiques commerciales (CEPC) attempts to make the link between the tariff differentiation enshrined in Article L. 441-6 of the French Commercial Code (C. com.) of the SME Act of 2 August 2005 and the prohibition of (...)

Daniel Fasquelle, Rodolphe Mesa Parasitism: The Court of Cassation holds that damages must be equal to the damage suffered as assessed by the 1st and 2nd instance Courts (Métropole télévision M6)

4703

Cass. com, May 30, 2007, Métropole télévision M6 c/ Sté LPG systems, n° 06-13.880, unpublished The Commercial Chamber of the Court of Cassation recalled the principles that should govern the determination of the amount of damages due by the perpetrator of a parasitic act in a decision handed down (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation considers that respect for the private life of employee does not constitute an obstacle to the establishment by the employer of the proof of its unfair manoeuvres (Datacep)

5077

Cass. soc. 23 May 2007, Mr. X. v. Datacep, No. 05-17.818, published in the bulletin The success of the action in unfair competition presupposes that the victim has established wrongful conduct. The victim must still be able to preserve or establish sufficient evidence. In order to alleviate (...)

Daniel Fasquelle, Servane Morel Unfair competition - Recruting of employees: The Court of Cassation holds that recruiting employees of a competitor does not constitute unfair competition if the massive departure of employees is linked to financial difficulties of the employer (Innovex)

6417

Cass. com, May 22, 2007, Sté Innovex -MBO v Sté Arvem, n° 06-13.421, Unpublished According to settled case-law, the massive hiring of employees of a competing undertaking constitutes an act of unfair competition when the latter is intended to disorganise the undertaking (Cass. com., 24 Oct. 2000, (...)

Daniel Fasquelle, Laurent Roberval Restrictive Practices - State Prosecution: The University of Montpellier assesses State prosecution in penal and civil matter (Montpellier Law Faculty Report 2005-2006)

4891

Report of the Faculty of Law of Montpellier on the Application of Title IV of Book IV of the Commercial Code concerning legal actions at the initiative of economic actors: Assessment of criminal (year 2005) and civil (period from 1 January 2004 to the first half of 2006) court decisions The (...)

Daniel Fasquelle, Laurent Roberval Delays for payment : The CEPC Commission insists on interprofessional negotiations in order to reduce delays for payment (Automobile Federation)

4280

The question of payment periods under competition law has long been raised without a solution having yet been sketched out (see note J.-P. L. L, Concurrences, No 2-2006, p. 106.). However, far from being fatalistic, the Trade Practices Review Commission (TPRB) does not despair of finding a way (...)

Daniel Fasquelle, Rodolphe Mesa Economic Parasitism - Counterfeiting: The Court of Cassation holds that the Court of Appeal, while rejecting alleged counterfeiting practices, should have searched for an intent of taking advantage of investments made by the acting party (Compagnie française d’eaux de vie et spiritueux)

4846

Cass. 1st civ., 20 March 2007, Mr X... c/ company Compagnie française d’eaux de vie et spiritueux, n° 06-11.522 and 06-11.657 In the absence of protection based on the provisions of the Intellectual Property Code, the question frequently arises as to whether it is possible to act on the basis of (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation holds that the amount of the pecuniary counterpart of a non-compete provision cannot depend only on the execution time of the contract and its payment can intervene only after the rupture of the contractual relation (Publications Pierre Johanet)

5443

Cass. soc. 7 March 2007, Mrs. X v. Publications Pierre Johanet, No. 05-45.511 Manuals dealing with the non-competition clause ancillary to an employment contract will henceforth have to make provision, as a matter of urgency, for a substantial part of their development to deal with the (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation, Term of payment...: The French Legislator and Government adopt more economic regulation (Various 2007 Decrees and Laws)

4567

Decree No. 2007-257 of 26 February 2007 amending Decree No. 2005-524 of 20 May 2005 establishing the list of agricultural products mentioned in Article L. 441-2-1 of the Commercial Code Bill to regulate payment periods in industrial subcontracting, No. 3627, registered at the Presidency of the (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation: The Court of Cassation answers the question of proof in the case of false commercial cooperation (Vierzon distribution)

4199

Cass. com, February 20, 2007, Sté Vierzon distribution v/ Minister of the Economy, n° 04-20.449, unpublished In a ruling handed down on 20 February 2007, the Commercial Chamber of the Court of Cassation provided interesting clarifications on the evidence of false commercial cooperation. In this (...)

Daniel Fasquelle, Laurent Roberval Civil fine: The Court of Cassation holds that the Minister of the Economy cannot ask the judge to inflict a civil fine when he intervenes directly in appeal on the base of Art. L. 470-5 C. com (Streck Diffusion/La Redoute)

4871

Cass. com, January 23, 2007, Streck Diffusion v/ société La Redoute, n° 04-16.779 The ruling handed down on 23 January 2007 by the Court of Cassation illustrates the difficulty of reconciling the guiding principles of civil procedure with the exorbitant prerogatives of ordinary law granted to the (...)

Daniel Fasquelle, Rodolphe Mesa Parasitism: The Court of Cassation considers that parasitism requires a risk of confusion and intention to take advantage of a third party reputation (Diramode et Promotion du prêt-à-porter/Jennyfer; Wirquin/Sanitaire accessoires services; Patrelle/Euro Confi)

7171

Cass. com, December 12, 2006, Diramode et Promotion du prêt-à-porter c/ société Jennyfer, n° 05-18.988 Cass. com, February 20, 2007, Wirquin c/ société Sanitaire accessoires services, n° 05-16.683 Cass. com, February 20, 2007, Patrelle c/ Euro Confi company, n° 05-17.004 The ruling handed down by the (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation: The Court of Cassation indicates the mentions which must appear on contracts of commercial cooperation and invoices (SCA Centre)

5173

Criminal Case, 6 December 2006, SCA Centre, No. 06-82.834. In a ruling handed down on 6 December 2006, the Criminal Division of the Court of Cassation gave an extensive interpretation of the formal requirements imposed by Article L. 441-6 al. 5 C. com. which are nevertheless criminally (...)

Daniel Fasquelle, Servane Morel Unfair Competition: The Court of Cassation holds that malevolent remarks on the goods and services of a competitor must be sanctioned on the base of unfair competition and not on the ground of slandering (Cabinet d’études conseils diagnostics/Amrane Immobilier Expertise)

5148

Cass. 1st civ. 5 December 2006, Cabinet d’études conseils diagnostics (CECD) and a. c/ Amrane Immobilier Expertise (AIE), n° 05-17.710 Defamation must be distinguished from disparagement. While the former refers to any attack on the honour or reputation of a natural person or legal entity, the (...)

Daniel Fasquelle, Laurent Roberval Economic dependency: The Anger Court of Appeal explains that a brutal increase in the price of accounting and administrative services is an abuse of economic dependency (Proservices c/ SA Orthodis)

5856

CA Angers, Switzerland, February 7, 2006, SARL Proservices c/ SA Orthodis The ruling handed down on 7 February 2006 by the Angers Court of Appeal is instructive not only with regard to compensation for a victim of a multiple violation of the provisions of article L. 442-6 C. com, but also with (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation holds that a very low pecuniary counterpart amounts to an absence of pecuniary counterpart (M. X c/ Comasud)

6712

Cass. soc. 15 November 2006, M. X v. Société Comasud, No. 04-46.721, published in the bulletin "Cass. soc. 15 November 2006", M. X v. Société Comasud, No. 04-46.721, published in the bulletin Current case law on non-competition clauses once again leads us on the beaten track of the pecuniary (...)

Daniel Fasquelle, Servane Morel Advertising : The Supreme Court rules on relationships between comparative advertising and unfair competition law (Thiers distribution c/ SNC LIDL)

4688

Cass. com, October 31, 2006, Thiers distribution c/ SNC LIDL, n° 05-10.541, Published in the bulletin Ruling on illicit comparative advertising and its relationship with unfair competition. Cass. com, 31.10.06, Thiers distribution c/ LIDL 1. While comparative price advertising is nowadays a (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation holds that an act of unfair competition attributable to a competitor of the victim is required for an unfair competition action to be brought (Europe funérailles c/ Funéfrance Funéclair)

5120

Cass. com, 11 July 2006, Europe funérailles v/ Funéfrance Funéclair, n° 02-18.229 Based on articles 1382 and 1383 of the Civil Code, an action for unfair competition requires proof of fault (Cass. com., 16 May 1995, No. 93-17.842; Cass. com., 30 May 2000, No. 98-15.549, Contracts, conc., consom. (...)

Daniel Fasquelle Non-competition clause: The Court of Cassation holds that a compensation of the obligor when the clause is illegal is independent from the possibility or the impossibility for the obligor to have a competiting job (Toupargel)

4640

Cass. soc., July 4, 2006, Mr. X... c/ société Toupargel, n° 04-46.261 Cass. soc., July 12, 2006, Mr. X... c/ société La Halle, n° 04-47.687, n° 05-40.990 In the event of unlawfulness of a non-competition clause, the Court of Cassation considers that "compliance by the employee with an unlawful (...)

Daniel Fasquelle, Sébastien Charrière Non-competition clause: The Court of Cassation decides that the compensation of the obligor when the clause is illegal is independent from the possibility or the impossibility for the obligor to have a competition job (M. X... c/ sté Panofrance Méditerranée)

5413

Cass. soc., 28 June 2006, M. X... c/ société Panofrance Méditerranée, n° 05-40.990 The Social Chamber of the Court of Cassation clarifies its case law on the question of the possibility of adjusting the conditions of payment of the monetary consideration. On 31 May 2006, the Court of Cassation had (...)

Daniel Fasquelle, Sébastien Charrière Non compete clause: The Court of Cassation declares unvalid a non-compete clause providing absence of pecuniary counterpart in case of dismissal (IPS Atlantique)

5007

Cass. soc., May 31, 2006, Société IPS Atlantique c/ M. X..., No. 04-44.598 Case law on non-competition indemnities, a condition for the validity of non-competition clauses ancillary to an employment contract, remains, again and again, particularly prolific. The present judgment answers the (...)

Daniel Fasquelle, Laurent Roberval Economic dependency: The Versailles Court of Appeal gives a rare example of judgment on the base of Art. L. 442-6 I) 3) C. com (SAS Viastel c/ SA Maille Du Pevele)

6886

CA Versailles, 12th ch. 2, 18 May 2006, SAS Viastel c/ SA Maille Du Pevele The judgment handed down by the Versailles Court of Appeal on 18 May 2006 is of interest for two reasons as regards the application of the provisions of the NRE Law n° 2001-420 of 15 May 2001: on the one hand, it is one (...)

Daniel Fasquelle, Rodolphe Mesa Parasitic behavior - Counterfeit : The Court of Cassation holds that when a counterfeit action is brought, the liability of the defendant on the basis of parasitism requires a distinct event (Interbrew/Brasserie Fischer)

7445

Cass. com, 10 May 2006, Interbrew v. Brasserie Fischer, No. 04-15.612 Cass. com, 23 May 2006, Casple and Amstutz Levin v. Muller and Campa, No. 04-16.254. Cass. com, June 20, 2006, Mr. X...and Société Céline c/ Infinitif e. a., No. 04-20.776 The rulings handed down by the Commercial Chamber of (...)

Daniel Fasquelle, Sébastien Charrière Non-sollicitation clause: The Court of Cassation holds that only the employee can prevail himself of a non-sollicitation clause without a pecuniary counterpart (Union Technologies Informatique/Metaware Technologies)

5975

Cass. com, May 10, 2006, Union Technologies Informatique v. Metaware Technologies, no. 04-10.149 Would companies have found a solution at the cost generated by the non-competition clauses ancillary to an employment contract? This is indeed what this interesting first judgment of the Court of (...)

Daniel Fasquelle, Laurent Roberval Excessive low prices - Commercial town planning: The Government adopts new regulatory provisions which make French regulated economy even stronger (Decrees of 4 May 2006, 10 April 2006)

4582

Decree 2006-513 of 4 May 2006 implementing Articles L. 470-4-1 of the French Commercial Code, L. 141-2 and L. 216-11 of the French Consumer Code relating to the settlement of transactions and amending the Consumer Code Ministerial decree of 2 May 2006 amending the decree of 24 May 2005 laying (...)

Daniel Fasquelle, Laurent Roberval Discriminatory pricing policy: The Court of Cassation holds that a discriminatory pricing policy cannot allow a supplier to supplant a distributor which does not give satisfaction (Akzo nobel coating c/sté Bonnot)

5789

Cass. com, 25 April 2006, Akzo nobel coating v/ société Bonnot, n° 03-20.353 While the decree implementing the SME Law of 2 August 2005 specifying the conditions for implementing price differentiation is still awaited, the Court of Cassation recalled, in a judgment of 25 April 2006, that (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation holds that the respect by the employee of an illicit non-compete clause necessarily causes him a damage of which it is up to the judge to appreciate the extent (Prisme -Jouclas Périgord - BCS - Confort Line - Confort Line - Medex Biomédical - BMC Software - Axa - Ahi - Aseca - Orfac)

6575

Compliance by the employee with an unlawful non-competition clause necessarily causes him or her a prejudice, the extent of which is to be assessed by the court. Cass. soc., 11 January 2006, Ms. X v. Prisme, No. 03-46.933 Cass. soc. 15 February 2006, Ms X v. Distrel, No. 03-47.941 Cass. soc. (...)

Daniel Fasquelle, Servane Morel Domain name: The Court of Cassation rules on the difficulty for the holder of a domain name to protect it against the attacks of which it is the object (Soficar/Tourisme moderne)

5064

Cass. com, 13 December 2005, SA Soficar c/ SA Le Tourisme moderne, compagnie parisienne du tourisme, n° 04-10.143 A year and a half after its first decision on the unfair use of a trade name in a domain name (Cass. com., July 7, 2004, n° 02-17.416, subject of a previous comment in this review, (...)

Daniel Fasquelle, Servane Morel Economic Parasitism: The Court of Cassation holds that an idea must be precise and original to be protected on the basis of parasitism (Syn’x/Softimage)

4800

Cass. 1st civ. 13 December 2005, Sté Syn’x c/ Sté Softimage, n° 03-21.154 The ruling handed down by the First Civil Chamber of the Court of Cassation on 13 December 2005 provides valuable lessons on the scope of the protection of ideas through the theory of economic parasitism. In this case, a (...)

Daniel Fasquelle, Sébastien Charrière Non-compete clause: The Court of Cassation decides that a separate non-compete clause may not create any obligation to pay a financial compensation (Neda)

4911

Cass. soc., November 30, 2005, Mr. X... c/ Sté Neda, n° 04-41.709 The judgments of the Social Chamber of the Court of Cassation have often been a source of inspiration for extending the solutions devised for the employment contract to other contracts (on the need for a legitimate interest see, (...)

Daniel Fasquelle, Laurent Roberval Civil fine - Appeal: The Court of Appeal of Douai rules on the first intervention of the Administration in appeal to get the retailer convicted of a civil fine (Eurauchan/Label Gourmand)

5122

CA DOUAI, 2nd ch. sect. 1, 13 October 2005, SAS Eurauchan c/ SARL Label Gourmand, n° 04-1971 If the Minister of the Economy can intervene directly on appeal to request the pronouncement of a civil fine even though he did not participate in the first instance, it is only on the condition that he (...)

Daniel Fasquelle, Sébastien Charrière Non compete: The Court of Cassation imposes compensation for compliance to an illicit non-compete clause (La Fiduciaire d’Armor, Société Eismann)

5272

Cass. soc., October 12, 2005, Mr. X... c/ Sté La Fiduciaire d’Armor, n° 03-46.752 Cass. soc., October 19, 2005, Mr. X... c/ Sté Eismann, n° 04-40.803 The case law on the establishment of consideration as a condition for the validity of any non-competition clause inserted in an employment contract (...)

Daniel Fasquelle, Servane Morel Intellectual Property - Unfair Competition: The Paris Court of Appel holds that imitation by a third party of the universe and presentation of comic strips can be sanctioned on the basis of of unfair competition (Albin Michel/Dargaud)

5143

CA Paris, 4th ch., sect. B, 1 July 2005, Albin Michel / Dargaud, n°05-07.980 The Paris Court of Appeal has just handed down a judgment which shows once again the very great plasticity of the law of unfair competition and its complementarity with intellectual property rights (on this point, see (...)

Daniel Fasquelle, Laurent Roberval Producers/Distributors: The Government and the Commission for the study of commercial practices establish a new framework for penalties for late payment (CEPC Opinion, new Art. L. 442-6-I-8° C. com)

6163

ECCP, Recommendation No. 05-01 of 21 March 2005 on payment periods and their application. Glais Report, 1 February 2005, Study on payment periods for the CEPC Law No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises Late penalties are being misused, a point on which (...)

Daniel Fasquelle Non-Compete: The Court of Cassation sanctions the implementation of a non-compete clause devoided of any financial compensation by interim measures (Piejac-Maingret)

5175

Cass. soc. 25 May 2005, Sté Piejac-Maingret c/ X, n° 04-45.794 The decision handed down by the Social Chamber of the Court of Cassation on 25 May 2005 is interesting in that it is the first to rule on the question of the referral to the judge in summary proceedings to declare a non-competition (...)

Daniel Fasquelle, Servane Morel Patent - "Economic Parasitism": The Court of Cassation holds that parasitism can be sanctioned even if there is a violation of the patent and in absence of any misappropriation of the clients (Stratégie Média Conseil/IPACA...)

6201

CA Paris, 4th floor, 12 January 2005, unpublished TGI Paris, 3rd district, March 9, 2005, unpublished Cass. com, April 5, 2005, Société Stratégie média conseil c/ Association IPACA, n° 02-21.334 The decisions commented on provide an opportunity to return to two important issues. The first relates (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of cassation applies new case law on nullity of non-compete clause for lack of financial counterpart applies to current situations (AXA Conseil ; 4M Promotion ; TMT France ; France Arno)

6187

Cass. soc., 27 September 2005, company France Arno v. Mrs. X..., No. 03-45.753 Cass. soc. 28 June 2005, TMT France c/M. X..., No. 03-45.342 Cass. soc., March 30, 2005, société AXA conseil c/ M. X..., n° 03-41.911 Cass. soc. 30 March 2005, 4M Promotion c/M. X..., No. 02-46.114 The warnings and (...)

Daniel Fasquelle Economic parasitism: The Court of Cassation considers that lower courts are fully competent to assess the criteria of a risk of confusion in order to apply the economic parasitism doctrine (Asics; Stratégie Media Conseil/IPACA)

5764

Cass.com, March 8, 2005, Sté James Gilberts rugby footballs Ltd. v/ Sté Asics France, n° 03-13.733 Cass. com, April 5, 2005, Sté Stratégie média conseil c/ Association IPACA, n° 02-21.334 By these two judgments handed down on 8 March and 5 April 2005, the Commercial Chamber of the Court of Cassation (...)

Daniel Fasquelle, Laurent Roberval De minimis: The French Competition Council states on de minimis and discriminatory practices (Art. L 442-6 I) 1° Cod. com.) (Appareils électrodomestiques)

5090

Council Directive (EC) No 04-D-64 of 30 November 2004 on practices in the distribution of household electrical appliances The Council was asked by the Minister of the Economy to examine the legality of certain practices of a central purchasing body. Without going into detail, the latter was (...)

Daniel Fasquelle, Sébastien Charrière Time application of courts decisions : The president of the Court of Cassation receives a report which takes position in favour of a selective application in time of French courts decision with reference to ECJ case law

5039

Report of 30 November 2004 submitted by the working group chaired by Professor N. Molfessis to the First President of the Court of Cassation on reversals of case law As the First President of the Court of Cassation, Guy Canivet, put it very well recently, "reversals of case law create an (...)

Daniel Fasquelle, Servane Morel Counterfeiting: The Court of Appeal of Paris applies unfair competition rules when the counterfeit good is not protected by intellectual/artistic property rights (Zara France c/ Fiso)

6624

CA Paris, 4ème ch. B, 19 November 2004, Sociétés Inditex Industria de Diseno Textil et Zara France c/ Société Fiso, RG 2003/12008 The judgment of 19 November deserves attention as it testifies once again to the importance and interest of the action for unfair competition when the imitated product (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation considers that a non-exclusive supplier can not sell directly to the clients of his bankrupt distributor (Ronéo c/Société Drôme)

5780

Cass. com, October 12, 2004, Société Ronéo c/ Société Drôme bureau, n° 02-13.404 To the question "Does a company in difficulty benefit from the protection offered by the law of unfair competition? "the Court of Cassation answers here, without hesitation, in the affirmative. In the present case, (...)

Daniel Fasquelle, Laurent Roberval Break of established commercial relationships: The Court of Cassation uses common rules in addition to unfair competition provisions (Rover France)

5240

Cass. com, October 5, 2004, Société Rover France v. M. X, No. 02-17.338 Cass. com, 3 November 2004, Société Manitou v/ Société CMG, No. 02-17.919 What role can common law play alongside Title IV of the Commercial Code, which specifically regulates the abusive termination of established commercial (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation rules on the complex conciliation of unfair competition rules and freedom of commerce and industry (Média Overseas)

4880

Cass. com, October 5, 2004, Mr. and Mrs. X...Y... and Mrs. Z...c/ Société Média Overseas, No. 03-11.530 Cass. 1st civ. 7 December 2004, Société Magellan c/ M. X, n° 02-21.245 Cass. com, 30 November 2004, Société Gras Savoye v/ Société AON Conseil and Société des assurés du Sud-Est-SASE, No. 02-20.735 1. (...)

Daniel Fasquelle, Rodolphe Mesa Counterfeiting/Parasitism: The Court of Cassation rules that actions against counterfeiting and parasitism require two distinct faults (Cave de Gaillac)

4772

Cass. com, September 28, 2004, Coopérative agricole la cave de la bastide de Levis v/ Société La Cave de Gaillac, n° 02-13.697 Cass. 1st civ., 19 October 2004, Mrs. X... and Company X... c/ DMBB Company and Fiat Company, n° 02-16.057 The judgments handed down by the Court of Cassation on 28 (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation considers that the amount of the non-compete compensation is not a criteria for assessing the validity of the non-compete provision (CGRP)

6035

Cass. com, September 21, 2004, Mr. X v. CGRP, No. 00-18.265. The question of proportionality in the area of non-competition clauses has become increasingly important in recent years in the case law of the Court of Cassation. The latter now requires that, in order to be valid, a non-competition (...)

Daniel Fasquelle, Servane Morel Unfair Competition: The French Court of Cassation rules on the use of a commercial name as an Internet website name (Bretagne Ventes Immobilière)

5532

Cass. com, 7 July 2004, SA Bretagne Ventes Immobilière c/ EURL Véronique Le Helley, n° 02-17.416 On the Canivet Commission report, see also Trends, Concurrences, N° 1-2004 The use, as a domain name on the Internet, of the distinctive signs of another company in order to create confusion and to (...)

Daniel Fasquelle, Laurent Roberval, Sébastien Charrière Break of established relationships: The French Court of Cassation considers that the judge must take into account the existence of alternative commercial solution for the distributor (Auchan)

5670

Cass. com, May 12, 2004, Sté ABCG participation c/ Sté Auchan France, n° 01-12.865 In order to assess the brutal nature of the termination of a commercial relationship within the meaning of Article L 442-6, I, 5°, must the courts take into account the state of dependence of the ousted contracting (...)

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Price 45€00 A quoi sert la concurrence ?

See the "avant-propos" of Laurence Idot, Frédéric Jenny et Nicolas Charbit the Foreword of Martine Béhar-Touchais The full list of contributors and the Table of Contents 100 contributions for the (...)

Date 30 September 2014
Author(s): Martine Behar-Touchais, Nicolas Charbit, Rafael Amaro
Price 45€00
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