CASE COMMENT : RESTRICTIVE PRACTICES - FRENCH LAW - INTERLOCUTORY MEASURES - ABUSE OF DOMINATION

Abuse of domination: The Court of Cassation rules on partnership contract on the basis of Art. L. 442-6 C. com (INBEV/France boissons)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 29 January 2008, INBEV v. France boissons, no. 07-13.778. In a ruling handed down on 29 January 2008, the Commercial Chamber of the Court of Cassation, in the context of interim injunction proceedings, had to consider whether a partnership contract was seriously questionable under article L. 442-6 of the Code of Commerce. In the present case, since 1997, a beer distribution company had been linked to a wholesale warehousekeeper by a partnership contract renewable each year, the purpose of which was to market its products in cafés, hotels and restaurants. The amount of the remuneration paid to the warehousekeeper increased

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Authors

  • University Littoral-Cote d’Opale (Boulogne)
  • Roberval Avocat (Lille)

Quotation

Daniel Fasquelle, Laurent Roberval, Abuse of domination: The Court of Cassation rules on partnership contract on the basis of Art. L. 442-6 C. com (INBEV/France boissons), 29 January 2008, Concurrences N° 2-2008, Art. N° 16541, p. 127

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