CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – CASELAW – EUROPEAN LAW – COMPATIBILITY

Compatibility: The French Supreme Court, through its commercial and criminal chambers, dismisses the incompatibility of the ban on resale at a loss with the Directive on unfair commercial practices against consumers (Alliance optique / Club opticlibre ; PM Dis et Central’Vet)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The first case concerns Club Opticlibre, a central purchasing body in the optical sector, bringing together independent opticians, which acquires products in order to resell them to its members on the basis of the commercial terms negotiated with suppliers, and Alliance Optique, carrying on the same activity for the benefit of the independent opticians grouped around it, who buy their products from the same supplier. Club Opticlibre sued Alliance Optique for damages for acts of unfair competition resulting from resale practices at a loss, which are prohibited by Article L. 442-2 of the Commercial Code. The incrimination is worded as follows in the C. com.

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Jean-Louis Fourgoux, Compatibility: The French Supreme Court, through its commercial and criminal chambers, dismisses the incompatibility of the ban on resale at a loss with the Directive on unfair commercial practices against consumers (Alliance optique / Club opticlibre ; PM Dis et Central’Vet), 22 November 2017, Concurrences N° 2-2018, Art. N° 86912, pp. 111 - 113

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