ALERT: UNILATERAL PRACTICE - SIGNFICANT IMBALANCE - PRICE - REBATES

Commercial relations: The French judiciary supreme court decides that the rules on signficant imbalance may apply to inadequate price conditions (Galec)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Ruling after ruling, the Court of Cassation draws the outlines of the rule in Article L. 442-6-I-2° of the Commercial Code, which - need we remind you? - apprehends the fact of "subjecting or attempting to subject a trading partner to obligations creating a significant imbalance in the rights and obligations of the parties". While the first judgments of the Commercial Chamber relating to this provision were essentially concerned with its two constituent elements, one corresponding to conduct and the other to an actual or potential result, the decision of 25 January 2017 will be dated above all in that it admits that the rule is applicable to price. However,

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  • Versailles Saint-Quentin-en-Yvelines University

Quotation

Muriel Chagny, Commercial relations: The French judiciary supreme court decides that the rules on signficant imbalance may apply to inadequate price conditions (Galec), 25 January 2017, Concurrences N° 2-2017, Art. N° 84047, www.concurrences.com

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