CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – SIGNIFICANT IMBALANCE – COMMERCIAL NEGOCIATIONS – LEGAL CONTROL FOR PRICE – PRICE REDUCTION

Judicial control of prices: The French Supreme Court considers that prices can be controlled according to the article L. 442-6, I,5° of the Commercial code (Le Galec)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The decision of the Commercial Chamber of the Court of Cassation of 25 January 2017 (Obs. F. Buy, D. 2017, p. 481; obs. M. Béhar-Touchais, JCP G 2017; obs. S. Pech-Le Gac, JCP E 2017, 1135), presided over for the occasion by First President Louvel, is probably the most important decision that the High Court has so far rendered on the subject of article L. 442-6, I, 2° C. com. A part of the doctrine, which is extremely critical of it, has already denounced "the judge's seizure of power over trade negotiations" (M. Béhar-Touchais, prec.). But while one may, of course, be taken aback by this new power of the judge, one must also remember that all that was said

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  • University of Aix-Marseille

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Frédéric Buy, Judicial control of prices: The French Supreme Court considers that prices can be controlled according to the article L. 442-6, I,5° of the Commercial code (Le Galec), 25 January 2017, Concurrences N° 2-2017, Art. N° 83860, pp. 115-116

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