CASE COMMENTS : RESTRICTIVE PRACTICES – ACTION OF THE MINISTER OF THE ECONOMY – SERVICES – SEVERABILITY – RETURNS – CIVIL FINE – DISTRIBUTION/RETAIL
Action of the Minister of the Economy: The Paris Court of Appeal declares admissible the action of the Minister of the Economy, cancels 16 clauses of a major retailer contract, orders sums restitution to suppliers and confirms the imposition of a civil fine 2 millions of Euros (Carrefour Hypermarchés/Minister of the Economy)
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As part of a national survey, the CFRB reviewed the contracts entered into in fiscal year 2006 between the retail groups and their suppliers. During this survey, it focused in particular on the partnership agreements entered into between the Carrefour group and sixteen of its suppliers, and more specifically on agreements relating to "services distinct" from those aimed at promoting the marketing of suppliers' products, according to the classification laid down by Article L. 441-7 of the Commercial Code.
According to the Minister for the Economy, Carrefour received remuneration that was clearly disproportionate to the value of the services rendered, or even
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