CASE COMMENT : RESTRICTIVE PRACTICES - DISTRIBUTION - RESALE AT A LOSS - GROUP OF COMPANIES - BUSINESS CONTRACT

Resale at a loss : The Douai Court of Appeal condemns the distributor who resold at a loss products manufactured by his wholly owned subsidiaries (Décathlon)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts A distributor specialising in sporting goods (DECATHLON) was selling products that it had had 100% manufactured by its subsidiary at a price lower than their actual purchase price. He was sued under Article L. 442-2 of the French Commercial Code for resale to loss. Convicted at first instance, he appealed to the Douai Court of Appeal. Decision "Whereas the distinction between a contract of sale and a contract of enterprise is of interest at several levels,

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Philippe Vanni, Resale at a loss : The Douai Court of Appeal condemns the distributor who resold at a loss products manufactured by his wholly owned subsidiaries (Décathlon), 20 December 2005, Concurrences N° 1-2006, Art. N° 27739, www.concurrences.com

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