Commercial cooperation: The Court of Cassation rules on how to interpret the notion of « distinct services » (Concurrence / Sony)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, December 6, 2005, SA Sony v. Sté Concurrence, No. 04-19.320 In a ruling handed down on 6 December 2005, one more in the lengthy dispute between Competition and Sony, the Court of Cassation recalled that the trial judges have sovereign power to assess whether services invoiced by a distributor to a supplier can be detached from the main purchase and sale transaction. This decision is all the more interesting in that it comes at a time when the law in favour of SMEs, which enshrines the concept of a service that can be detached from the purchase and sale transaction, is entering into force. In the present case, the Competition company criticised