In 2005, the French Competition Council (“the Council”) fined Buena Vista Home Entertainment (“BVHE“), the exclusive distributor of Disney video cassettes in France (€3.1 million), the retailers Casino (€3.2 million) and Carrefour (€5.7 million), and the wholesaler SDO (€2.4 million) for engaging in a price fixing agreement on the retail price of Disney video cassettes for children between 1995 and 1998. The Council held that BVHE entered into a vertical agreement with Casino Carrefour and SDO, with the aim of fixing the retail price of Disney video cassettes at an artificially high level by fraudulently misusing the French legislation prohibiting “resale at a loss” . As under EC competition law, under French law the concept of agreement centres around the existence of a concurrence of
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