CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - RESTRICTION - DISPROPORTIONATE ADVANTAGE - REFUSAL TO CONTROL THE NEGOTIATED PRICE

Disproportionate benefit: The Paris Court of Appeal, after having declared that the prohibition of restrictive competition practices was applicable to subcontracts, refuses to control the price negotiated between the parties pursuant to article L.442-6 I 1° C. com. (O.C. Residences / Le ministre de l’Économie et des finances)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Paris Court of Appeal has made a surprising decision in a dispute between the company OC Résidences, a builder of individual houses, and the Minister of the Economy. One of its subcontractors, 3 J Charpentes, had complained to the Competition Directorate about the practices of its principal, which was automatically deducting a 2% discount for the CICE from its invoices. After an investigation, the Minister of the Economy referred the matter to the Commercial Court of Bordeaux, asking that this practice, as well as the deduction of a discount at the rate of 3% without payment being made on time, be considered as violating Article L.442-6 I 1°). At the

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Jean-Louis Fourgoux, Disproportionate benefit: The Paris Court of Appeal, after having declared that the prohibition of restrictive competition practices was applicable to subcontracts, refuses to control the price negotiated between the parties pursuant to article L.442-6 I 1° C. com. (O.C. Residences / Le ministre de l’Économie et des finances), 4 November 2020, Concurrences N° 2-2021, Art. N° 100538, pp. 108-110

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