The French Supreme Court holds that a jurisdiction or arbitration clause cannot be used by foreign undertakings to discard the application of French provisions on unfair trade practices when the action is brought by the Minister of the economy (Apple)

In a recent decision, the French Supreme Court had to decide whether or not a jurisdiction clause or an arbitration clause could be used by foreign companies to discard the application of French law enforcement concerning unfair trade practices, e.g. Article L. 442-6 of the Commercial Code. France has been very involved in tackling this kind of harmful commercial behavior as the French provisions aim to impose penalties on a wide range of practices (retroactive contract changes, unfair termination of a commercial relationship, lack of reciprocity between the

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  • French Competition Authority (Paris)

Quotation

Erwann Kerguelen, The French Supreme Court holds that a jurisdiction or arbitration clause cannot be used by foreign undertakings to discard the application of French provisions on unfair trade practices when the action is brought by the Minister of the economy (Apple), 6 July 2016, e-Competitions July 2016, Art. N° 82440

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