CASE COMMENT : RESTRICTIVE PRACTICES - COMMERCIAL COOPERATION - CONTENT OF THE CONTRACT

Commercial cooperation: The French Supreme Court considers that lack of precision in commercial cooperation agreements can be tantamount to the absence of contract (Société SCA Centre)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Criminal Case, 6 December 2006, SCA Centre, Appeal No. 06-82.834. Facts During 2001 and 2002, one distributor had concluded a commercial cooperation contract with its suppliers whereby it undertook "to ensure the presence of the supplier's products in the regional assortment suitable for consumption and recommended to all the hypermarkets supplied". The DGCCRF considered that the commercial cooperation contracts concluded by the distributor with its suppliers did not make it possible "to identify precisely a specific service or particular obligations that are exorbitant in the usual contractual relations justifying the remuneration requested for this

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Dominique Ferré, Commercial cooperation: The French Supreme Court considers that lack of precision in commercial cooperation agreements can be tantamount to the absence of contract (Société SCA Centre), 6 December 2006, Concurrences N° 1-2007, Art. N° 27423, www.concurrences.com

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