The French Competition Council holds that a refusal to continue a commercial relationship with a distributor constituted no abuse of economic dependence and provided clarifications regarding the scope of protection of third parties’ business secrets (Concurrence/Sony - Philips)

Background The Competition Council ("Council") rejected a complaint brought by retailer Concurrence against Sony, as well as Philips. The present case arose out of Sony's decision in late 2007 to end all commercial relations with Concurrence, a Paris electronics retailer who had been litigating against Sony for years. Concurrence in turn lodged a complaint with the Council. The retailer claimed that by refusing to continue supplying flat screen television sets and, in Sony's case, by exerting pressure on wholesaler Alifax to end its commercial relations with the retailer, the two electronic goods manufacturers had abused a position of

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Sergio Sorinas, Christine Jorns, The French Competition Council holds that a refusal to continue a commercial relationship with a distributor constituted no abuse of economic dependence and provided clarifications regarding the scope of protection of third parties’ business secrets (Concurrence/Sony - Philips), 10 December 2008, e-Competitions Bulletin December 2008, Art. N° 26900

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