Sudden break of established business relationships

Institution Definition

See definition in French.

Articles

Laurence Idot Considerations on the international application of articles L 442-1, 442-3 and 442-4 c. com.

November 2020

Article published in Liber amicorum in honor of Professor Didier Ferrier, LexisNexis and Dalloz, 2021 (p. 291-304). The author expresses herself in a purely personal capacity. 1. The application in space of the provisions of Title IV of the Commercial Code is not a new question. Several (...)

Virginie Beaumeunier Les pratiques commerciales déloyales, Erwann KERGUELEN, Jean-Louis FOURGOUX et Leyla DJAVADI

November 2021

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Émilie Prouzet, Laurence Idot Conciliation with EU law (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

September 2019

The Unfair Commercial Practices in the Food Supply Chain Directive Emilie Prouzet European Public Affairs Director, Federation of Commerce and Distribution, Brussels 1. In thirty years, European agriculture has experienced numerous crises, the intensity of which has particularly increased in (...)

Vincent Malassigné, Olivier Deshayes, Marine Michineau Unfair practices (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

September 2019

Price control Vincent Malassigné Professor, University of Versailles Saint-Quentin-en-Yvelines (University Paris-Saclay) Price control in so-called ’commercial’ relations has been strengthened over the last two years and, in particular, following Ordinance No. 2019-359 of 24 April 2019 amending (...)

Martine Behar-Touchais, Julie Klein Reorganisation of the Title IV (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

September 2019

The significant imbalance, a central figure of unfair commercial practices in the order of 24 April 2019? Martine Behar-Touchais Professor, School of Law, University of Paris I Panthéon-Sorbonne Institut de recherche juridique de la Sorbonne (IRJS-André Tunc) Former member, Collège du Conseil (...)

Stéphane Rodrigues Droit de la distribution, Frédéric BUY, Marie LAMOUREUX et Jean-Christophe RODA

May 2018

Rafael P. Amaro Compensation litigation of anti-competitive practices (January 2017 – July 2017)

November 2017

The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It involves mostly businesses. However, the cases brougth to French courts are less homogeneous than those of the previous periods. Concerning the legal issues dealt by (...)

Pierre Le Moing Specialisation of jurisdictions concerning restrictive practices: The consequences of the reversal in case law of 29 March 2017

November 2017

Since the case law was overturned on 29 March 2017, the exclusive jurisdiction of the Court of appeal of Paris to hear appeals lodged against decisions on practices which restrict competition is limited to only decisions issued by specialized courts under Articles L.442-6, III, 5° and D.442-3 of (...)

Francois Chénedé, Nicolas Ferrier, Sarah Bros, Simon Hotte From the contractual abuse sanction to the sanction of restrictive practices of competition (Towards a new competition law?, Lyon, May 28th, 2015)

February 2016

The conference that took place in Lyon on May 28th 2015 dealt with the future of competition law. The speakers of this panel got back to the strong link between unfair competition behaviors against professionals and those against consumers. Particularly, Sarah Bros and François Chénedé got back (...)

Didier Ferrier Competition(s): A singular plural...

May 2015

Most of the competition rules aim the protection of the competition but many of these rules aim also the direction of the economic policy it is important therefore to distinguish between these two main types of rules in relation to their effect on the business freedom Concurrences" " or (...)

Béatrice Charlier-Bonatti, Bruno Deffains, Charles Meteaut, Daniele Calisti, Jacques Derenne, Laurent Benzoni, Suzanne Carval What compensation? Which responsibles parties? (Antitrust damages actions in France and in Europe : Current situation and upcoming changements, Paris, 13 May 2014)

September 2014

The final panel of the conference held in Paris the 13th May 2014 about the reparation of competitive damages was devoted to the civil liability of the infringers. This panel helped to address various sensitive aspects of a question submitted to several provisions of the directive proposition. (...)

Jean-Patrice de La Laurencie, Joffrey Sigrist, Michaël Cousin, Michel Ponsard The regulation of commercial practices - A reform of the French law while waiting for the European law? (AFEC, Paris, 20 juin 2013)

September 2013

This article brings together contributions from the second panel of the AFEC’s General Assembly of 20 June 2013 in Paris dedicated to the regulation of commercial practices INTRODUCTION Jean-Patrice DE LAURENCIE Lawyer at the Paris Bar 1. It is an honour for which I thank the organisers, (...)

Dominique Ferré, Régis Pihéry Restrictive practices: The 2012 CEPC’s report

December 2012

Ever since the enactment of the Dutreil Act on August 2, 2005, France’s commercial practices oversight committee (the CEPC) has, each year, prepared a report for the French Government and Parliament on case law developments in the area of restrictive practices (Title IV of Book IV of the (...)

David Spector, Etienne Pfister, Joseph Vogel Distribution networks and competition law

February 2012

Paradoxically, competition law today is frequently used more as a weapon of defence than to challenge networks, and notably against certain rules of national law. When relied on as a means of challenging networks, competition law is mainly used either to circumvent the networks, or to gain (...)

Jean-Bernard Blaise, Joseph Vogel, Louis Vogel Recent case law in competition law and distribution law (Paris, December 14th, 2011)

February 2012

This set of three contributions are derived from the conference on "competition law and distribution" organized in Paris the December 14, 2011 by Concurrences Review and Vogel & Vogel. For Louis Vogel, author of the first contribution, the Court of Justice states in the Pierre Fabre case (...)

a b c d e f g h i j k l m n o p r s t u v w

a

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Actual competitor • Administered prices • Advocacy • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive object or effect • Anticompetitive practices • Antitrust • Applicable law • Arbitration • Article 11 letter • Automotive distribution

b

Barriers to entry • Bertrand (Nash) equilibrium • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Bundling • Burden of proof • Business secrets • Buyer power

c

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Collusion • Comity • Commission Notice • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concentration indexes • Concerted practices • Concession • Concurrent jurisdiction • Consortium • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Cournot (Nash) equilibrium • Criminal sanctions • Cross subsidisation

d

Damages • Dawn raids • De minimis notice • Digital Markets Act • Direct effect • Discriminatory practices • Distribution agreement • Divestiture • Dominance (notion)

f

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Foreign Subsidies • Form CO • Franchising • FRAND • Free riding

g

GAFAM • Geographic market • Group purchasing organization • Guidelines • Gun jumping

h

Hard core restrictions • Hearing officer • Horizontal agreement • HSR Filing (US)

i

Imputability • Independence and impartiality • Individual exemption • Industrial policy • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

j

Joint control • Joint venture • Judicial review

k

Know-how

l

Legal privilege • Leniency • Lerner index • Letter of formal notice • Letter of rejection of complaints • Licensing • Limitation period • Low prices

m

Mandatary (distribution) • Margin squeeze • Marginal costs • Market economy investor • Market of goods or services • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Monopoly

n

Ne bis in idem • Network effect • Non-compete obligation • Notification • Nullity

o

Oligopoly

p

r

R&D agreement • Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Request for information • Resale below cost • Resale price maintenance (RPM) • Restriction on exportation • Right against self-incrimination • Rights of defence • Rule of reason

t

Technology transfer • Test SIEC (merger) • Test SLC (merger) • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

u

Undertaking (notion) • Unfair commercial practices • Unfair competition • Universal service • Upstream market

v

Variable costs • Vertical agreement • Vertical restraints (or restrictions)

w

White clause