CASE COMMENTS: CARTELS – FRANCE – COOPERATIVE COMPANIES – HORIZONTAL RELATIONSHIPS – RESTRICTION OF COMPETITION BY OBJECT

Restriction of competition by object: The Paris Court of Appeal confirms that a clause of territorial restriction inserted in the internal Rule Book of a cooperative company must be analysed from the standpoint of horizontal agreements and qualified as a restriction of competition by object (GIF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The distinction between horizontal and vertical agreements is very clear in theoretical terms, but is less clear when it comes to specific assumptions that are difficult to classify. Above all, even though on the surface the two types of agreements appear to be opposed, in practice their consequences in terms of restriction of competition may be identical, thus rendering the separation between the two categories useless. The comparison of the so-called ascending networks with the so-called descending networks perfectly illustrates this porosity of borders. The so-called "top-down" distribution networks are those of classic constitution: an operator,

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Anne-Sophie Choné-Grimaldi, Restriction of competition by object: The Paris Court of Appeal confirms that a clause of territorial restriction inserted in the internal Rule Book of a cooperative company must be analysed from the standpoint of horizontal agreements and qualified as a restriction of competition by object (GIF), 18 January 2018, Concurrences N° 2-2018, Art. N° 86875, pp. 70 - 71

Visites 296

All reviews