A French Court of Appeal declares inadmissible an action for nullity carried out by the French Minister for Economic Affairs on the basis of Art. 6.1 ECHR in the framework of its right to act on behalf of victims of restrictive practices (Galec)

In September 2001, after comparing its conditions of purchase for fresh products with those granted to Carrefour by several suppliers, Galec [1] noticed that the sums it received in relation to commercial cooperation services were below those of Carrefour. Galec thus claimed it had been discriminated against and asked for compensation to the twenty-eight suppliers concerned, through the negotiation of transactional agreements protocols. In exchange, Galec agreed to commit not to bring any action for damages before the courts. According to the French Minister for Economic Affairs and Finance (the Minister), these protocols were not transactional agreements but commercial cooperation agreements signed retroactively without consideration. On this ground, the Minister brought an action

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Mathilde Mason Alline, France-Helene Boret, A French Court of Appeal declares inadmissible an action for nullity carried out by the French Minister for Economic Affairs on the basis of Art. 6.1 ECHR in the framework of its right to act on behalf of victims of restrictive practices (Galec), 3 May 2007, e-Competitions May 2007, Art. N° 13963

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