The French NCA fines nearly 80 companies and trade associations for horizontal and vertical agreements in the sector of heating, sanitation, plumbing and air-conditioning products and clarifies the standard of proof applicable to anticompetitive meetings (Agreement in the sector of heating, sanitary, plumbing and air-conditioning products)

In a decision of 9 March 2006, the French Competition Council (the "Council") fined nearly 80 companies and trade associations for unlawful practices implemented between 1993 and 1998 in the sector of heating, sanitation, plumbing and air-conditioning products. These practices included (i) horizontal agreements aimed at foreclosing access to the market for major retailers and fitters' co-operatives; (ii) vertical agreements between manufacturers and wholesalers; (iii) hardcore restrictions contained in selective distribution agreements. Horizontal anti-competitive agreements The Council found that the wholesalers had participated in regular meetings organised by their trade association, the Fédération française des négociants en appareils

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  • Dechert (Paris)
  • Herbert Smith Freehills (Paris)

Quotation

Romain Maulin, Sergio Sorinas, The French NCA fines nearly 80 companies and trade associations for horizontal and vertical agreements in the sector of heating, sanitation, plumbing and air-conditioning products and clarifies the standard of proof applicable to anticompetitive meetings (Agreement in the sector of heating, sanitary, plumbing and air-conditioning products), 9 March 2006, e-Competitions Bulletin Burden of proof, Art. N° 27308

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