The French Competition Authority dismisses abuse of dominance case concerning a pre-emptive right provided in an affiliation agreement (Altimat / Sapec / Weldom)

By a decision (hereinafter the ‘Decision’) dated 29 October 2013, the French Competition Authority (hereinafter the ‘FCA’) rejected a complaint submitted in January 2011 by the company Altimat (hereinafter the ‘Complainant’) alleging abusive exercise of a pre-emptive right by the companies Sapec and Weldom (hereinafter the ‘Weldom group’ or the ‘Supplier group’) in the market for the distribution of do-it-yourself products. Factual background The Weldom group is primarily active in the retail distribution of do-it-yourself products. It manages a network of points of sale mainly operated by independent companies (hereinafter the ‘Affiliated companies’) on the basis of so-called ‘brand agreements’, whose scheme is similar to that of a franchising agreement (hereinafter the ‘Affiliation agreements’).

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  • Baker Botts (Brussels)

Quotation

Daniel Vasbeck, The French Competition Authority dismisses abuse of dominance case concerning a pre-emptive right provided in an affiliation agreement (Altimat / Sapec / Weldom), 29 October 2013, e-Competitions October 2013, Art. N° 61092

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