CASE COMMENT : ANTICOMPETITIVE PRACTICES - ABUSE OF DOMINANT POSITION - EXCLUSIVITY CLAUSE
Exclusivity clauses: The French NCA decides on the validity of exclusivity clauses applied by a firm in a dominant position (Gîtes de France)
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The Fédération nationale des gîtes de France (FNGDF) imposed the following exclusivity commitments on its members:
– Exclusive membership of the Gîtes de France network;
– Exclusivity of the promotion of the accommodation of the owner-member by the guides published by Gîtes de France ;
– Exclusive marketing of accommodation with the "Gîtes de France" label by organisations approved by the FNGDF.
All of these clauses were binding for the entire duration of the owner's membership, which could be up to ten years.
The Competition Council has notified the NGFDF of allegations of collusion and abuse of a dominant position on the label issuing market.
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