ARTICLES: RESTRICTIVE PRACTICES FRENCH LAW - PRINCIPLE OF NON-DISCRIMINATION - ARTICLE L 442-6-1, SECTION 1 COMMERCIAL CODE - LAW OF 4 AUGUST 2008 (MODERNIZATION OF THE ECONOMY, LME) - FREELY NEGOTIATED BUSINESS CONDITIONS - SANCTIONS - COURTS - COMPETITION AUTHORITIES

Prohibition of discrimination after suppression of Art. L. 442-6-I, 1° C. com.

Abrogation of the principle of non-discrimination in Article L 442-6-1, Section 1 of the Commercial Code by the Law of 4 August 2008 for Modernization of the Economy (the LME, or Loi de Modernisation de l’Economie) is unquestionably a major step in French economic law. However, while the principle that business conditions may be freely negotiated has been officially sanctioned, this freedom is still under certain controls. This paper aims to examine the remaining main legal constraints, the most important of which regards anti-competitive practices, but also those concerning obligations under common law. The exact extent of this freedom, tthat is necessary, yet must nevertheless be limited, depends in great part on how much control is sought by the courts, and to a lesser degree, the French competition authorities.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Presented for several decades as a cardinal principle of French economic law, the prohibition of discrimination, as last formulated by Article L. 442-6-I, 1° of the French Commercial Code, was automatically retired after fifty years of good (?) and loyal service. His retirement from active service had indeed become inevitable, due to its absolute incompatibility with the principle of free negotiability (and therefore of free discrimination) established by the Law on modernisation of the economy (LME) of 4 August 2008 as one of the keys to boosting competition in the service of purchasing power. This provision was one of those few legal concepts that were

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Emmanuel Dieny, Prohibition of discrimination after suppression of Art. L. 442-6-I, 1° C. com., May 2009, Concurrences N° 2-2009, Art. N° 25877, pp. 89-97

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