The Paris Court of Appeal upholds an NCA’s decision acceptating commitments in its first decision on commitments procedure (Bijourama / Festina France)

Commitments from Festina France on its distribution agreements, accepted by the French Competition Council (Conseil de la concurrence) in a decision of 24 July 2006 [1], are the first ones to be submitted to the Paris Court of Appeal. The Competition Council was seized by Bijourama, a jewel and clock reseller acting exclusively on the internet (“pure player”). As Festina France's refused to integrate it in its selective distribution network. Bijourama seized the French Competition Council, on the argument that (i) Festina's refusal to grant was illegal and discriminatory and (ii) Festina's selective distribution contract is illegal given the exclusion of the on-line resale, and asked for interim relief. In a decision of 24 July 2006, the French Competition Council put an end to the

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Mickaël Rivollier, The Paris Court of Appeal upholds an NCA’s decision acceptating commitments in its first decision on commitments procedure (Bijourama / Festina France), 16 October 2007, e-Competitions Bulletin Commitment Decisions, Art. N° 14795

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