CASE COMMENTS: RESTRICTIVE PRACTICES - DISTRIBUTORS/PRODUCERS RELATIONSHIPS - CONTRACTUAL PROVISIONS

Producers/Distributors relationships: The Commission for the study of commercial practices considers that common contractual provisions may be found unlawful (Conditions d’achat)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Consulted by the Director-General for Competition, Consumer Affairs and Fraud Control, CEPC has taken a position on several types of clauses in the purchasing conditions of distributors. In its opinion, the Commission begins by listing certain clauses which, because of their asymmetrical nature, reflect, in its own words, "the strong position of the distributors". This is the case of non-reciprocal information obligations on suppliers (disclosure of company accounts and certain commercial information) or technical constraints imposed on suppliers which are not equivalent to similar constraints imposed on distributors. The Commission points out that many of

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Jean-Paul Tran Thiet, Producers/Distributors relationships: The Commission for the study of commercial practices considers that common contractual provisions may be found unlawful (Conditions d’achat), 7 July 2004, Concurrences N° 1-2004, Art. N° 1579, p.66

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