CASE COMMENTS: RESTRICTIVE PRACTICES – SUDDEN TERMINATION – GROUP OF COMPANIES – CONCERTED ACTION

Sudden termination: The French Supreme Court overrules the decision of the Court of Appeal of Paris, which in order to assess the consequences of a sudden termination, has taken into account all the relationships built up between the victim and several subsidiaries of a group, whithout noting that the latter had colluded with each other (Toyota / Fonderie Bouhyer)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is customary to say, perhaps a little quickly, that the concept of the corporate group, which is more economic than legal, is difficult to grasp properly in law. But, precisely because it does not run on classical civil law concepts, is the law of abrupt breaks in commercial relations not naturally calibrated to take account of the phenomenon? Read the ruling handed down by the Commercial Chamber of the Court of Cassation on 6 October 2015 (D. actu. 20 Oct. 2015, obs. X. Delpech; D. 2015, chron. p. 2526, obs. N. Dorandeu; Contracts, Conc., Consom. 2015, No. 279, obs. N. Mathey), the idea of a responsibility that could be appreciated at the group level

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  • University of Aix-Marseille

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Frédéric Buy, Sudden termination: The French Supreme Court overrules the decision of the Court of Appeal of Paris, which in order to assess the consequences of a sudden termination, has taken into account all the relationships built up between the victim and several subsidiaries of a group, whithout noting that the latter had colluded with each other (Toyota / Fonderie Bouhyer), 6 October 2015, Concurrences N° 1-2016, Art. N° 77389, pp. 120-121

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