The Court of Appeal of Pau declares void a commissioning agreement containing a mutual exclusivity obligation on the basis of Art. 81 EC (Prim’Co)

In a case dated 28 August 2007, the Court of Appeal of the city of Pau confirmed a judgment by the Tribunal de Grande Instance of Mont de Marsan in which the first judge annulled a Commissioning contract for violation of Article L. 420-1 of the French Commercial Code, the French equivalent of Article 81 of the EC Treaty. Background In 1999, SAS Prim'CO, an undertaking acting as an intermediary in the fresh carrot market, entered into a confidential agreement with a vegetable producer organisation, two packing companies members of this organisation, and another producer organisation. The purpose of the agreement was to define the parties' commitments in order to organise the marketing of their entire production of fresh carrot. The

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Juliette Goyer, Lauriane Lépine-Sarandi, The Court of Appeal of Pau declares void a commissioning agreement containing a mutual exclusivity obligation on the basis of Art. 81 EC (Prim’Co), 28 August 2007, e-Competitions Bulletin August 2007, Art. N° 14973

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