CASE COMMENT: RESTRICTIVE PRACTICES - PRODUCERS/DISTRIBUTORS RELATIONSHIPS - COMMON CONTRACTUAL PROVISIONS

Producers/Distributors relationships: The Commission for the study of commercial practices casts some doubts on various contractual provisions (Opinion Conditions générales de vente)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Director General for Competition, Consumer Affairs and Fraud Control has requested the opinion of the Commission d'examen des pratiques commerciales (CEPC), pursuant to Article L. 440-1, paragraphs 3 and 4 of the French Commercial Code, on clauses that exclude any sanction from the supplier in the event of late deliveries or the removal of unsold goods. The text of the clause in particular subject to examination by the CEPC was as follows: "No systematic penalty may be invoiced or deducted from a payment for goods for late delivery or non-compliant or partial

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Jean-Paul Tran Thiet, Producers/Distributors relationships: The Commission for the study of commercial practices casts some doubts on various contractual provisions (Opinion Conditions générales de vente) , 7 July 2004, Concurrences N° 1-2004, Art. N° 1577, pp. 65-66

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