The French Competition Council accepts recordings of phone calls made without the knowledge of recorded persons as proof and rules against vertical anticompetitive agreements in the brown products sector (Avantage / Philips - Sony - Panasonic)

In a decision dated 5 December 2005, the French Competition Council (hereinafter “the Council”) found that Philips, Sony and Panasonic had infringed Article L. 420-1 of the French Commercial Code (equivalent to article 81 of the EC Treaty) as each of them had set up a vertical agreement with its distributors in order to fix the retail sale price in the consumer electronics industry, also known as the brown products sector. This practice was brought to the Competition Council's attention by the company Avantage, a distributor which had decided to discount from those prices offered by other distributors. The suppliers contested the existence of an agreement because, according to them, there was no invitation by the

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Authors

  • Simmons & Simmons (Paris)
  • Hewlett Packard (Boulogne-Billancourt)

Quotation

Ombline Ancelin, Charles Saumon, The French Competition Council accepts recordings of phone calls made without the knowledge of recorded persons as proof and rules against vertical anticompetitive agreements in the brown products sector (Avantage / Philips - Sony - Panasonic), 5 December 2005, e-Competitions December 2005, Art. N° 466

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