CASE COMMENTS: RESTRICTIVE PRACTISES - COMMERCIAL COOPERATION

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

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Authors

  • University Littoral-Cote d’Opale (Boulogne)
  • Roberval Avocat (Lille)

Quotation

Daniel Fasquelle, Laurent Roberval, Commercial cooperation: The Court of Cassation rules on how to interpret the notion of « distinct services » (Concurrence / Sony), 6 December 2005, Concurrences N° 1-2006, Art. N° 918, pp. 149-150

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