ALERTS: UNFAIR COMMERCIAL PRACTICES – ABUSIVE PRICING – SIGNIFICANT IMBALANCE

Disproportionate advantages: The Paris Court of Appeal refuses to sanction a benefit with no counterpart in the absence of any evidence of a submission (OC Résidence / Ministre de l’Économie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Despite the free negotiability of prices resulting from Article L. 410-2 of the French Commercial Code and reaffirmed by the Economic Modernization Act of 4 August 2008, France has gradually equipped itself (in Title IV of Book IV of the Commercial Code) with a system for monitoring negotiations that is so close and repressive that it would make North Korea look like the last refuge of the liberals. Admittedly, the majority doctrine agrees on the need to fight against the abuse of purchasing power by mass distribution and, as such, recognises the legitimacy of the resulting infringements of freedom. The Constitutional Council itself considers that " the

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Nicolas Éréséo, Disproportionate advantages: The Paris Court of Appeal refuses to sanction a benefit with no counterpart in the absence of any evidence of a submission (OC Résidence / Ministre de l’Économie), 4 November 2020, Concurrences N° 1-2021, Art. N° 99078, www.concurrences.com

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