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CASE COMMENTS: INTERNATIONAL AND EUROPEAN LAW – NEW-CALEDONIA – EXCLUSIVE IMPORTATION AGREEMENT – FINE

New Caledonia: The New-Caledonian Competition Authority adopts two decisions regarding a de facto exclusive importation agreement in the sector for industrial ice-creams (Ysco, Serdis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the overseas territories, import monopolies not justified by the interest of consumers are prohibited. Such practices eliminate intra-brand competition, artificially partition markets and ultimately contribute to the high cost of living in overseas France. Exclusive import practices are thus in the sights of both the Metropolitan Competition Authority and the New Caledonian Competition Authority ["l'ACNC"]. Article Lp. 421-2-1 of the Commercial Code applicable in New Caledonia ["Commercial Code"] prohibits "agreements or concerted practices having the object or effect of granting exclusive import rights to an enterprise or group of enterprises".

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  • Competition Authority of New Caledonia (Noumea)

Quotation

Clément Echard, New Caledonia: The New-Caledonian Competition Authority adopts two decisions regarding a de facto exclusive importation agreement in the sector for industrial ice-creams (Ysco, Serdis), 7 September 2020, Concurrences N° 1-2021, Art. N° 99223, pp. 222-225

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