Le droit français de la transparence et des pratiques restrictives de concurrence, Marielle MARTIN

Marielle Martin

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In its Book IV devoted to "freedom of pricing and competition", the French Commercial Code includes a Title IV made up of curious provisions, including, in particular, those applicable between professional suppliers and distributors.

Indeed, these provisions relating to "transparency" (general sales conditions, marketing agreement, invoicing, etc.) and "restrictive competition practices" (resale at a loss, minimum prices imposed, abusive practices, etc.) are complex, contradictory, constantly changing and, more often than not, have no equivalent in the laws of other countries.

The legal analysis of these provisions and the demonstration of their perverse economic effects lead us to propose their deletion, all the more so as other legal rules prove to be more effective: general criminal law, anti-competitive practices law, common contract law, civil liability law and, more specifically, the theory of unfair competition.


  • Conservatoire National des Arts et Métiers (CNAM)


Marielle Martin, Le droit français de la transparence et des pratiques restrictives de concurrence, Marielle MARTIN, February 2013, Concurrences N° 1-2013, Art. N° 104828

Publisher Presses Universitaires d'Aix-Marseille - P.U.A.M.

Date 10 December 2012

Number of pages 480

ISBN 9782731408478

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