CASE COMMENTS: RESTRICTIVE PRACTICES – SUDDEN TERMINATION – ARTICLE L. 442-6 C. COM – APPLICATION

Significance imbalance: The Paris Court of Appeal considers that the provisions of article L. 442-6 of the commercial code do not apply to the relationship between a company and its partners (Distribution Labege / Intersport)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. It is well known that Article L. 442-6 of the French Commercial Code, which was originally created to govern distribution relationships, has long since fallen out of bed. Can it now be applied to the relationship between a company and its own partners? This is the very interesting question raised by the judgment under comment, reported by Irène Luc at the last AFEC study days ("Actualités concurrence 2015", Feb. 12, 2016). The Intersport Group company, structured as a cooperative society for the joint purchasing of retail merchants, had been assigned by several associated companies which operated - it is the system of merchant cooperatives -

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  • University Aix-Marseille

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Frédéric Buy, Significance imbalance: The Paris Court of Appeal considers that the provisions of article L. 442-6 of the commercial code do not apply to the relationship between a company and its partners (Distribution Labege / Intersport), 3 February 2016, Concurrences N° 2-2016, Art. N° 79251, pp. 128-129

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