Price opacity : The French Supreme Court decides that a method of allocation and invoicing of advertising space provided for in the general terms and conditions of sale, which is opaque and imposed on a buyer, may contravene the rule on significant imbalance in the French Commercial Code and give rise to civil liability on the part of an advertising agency (Pixtel / TF1 Publicité)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This case is remarkable in two respects: on the one hand, on the scope of application of the significant imbalance, which is definitely applicable to areas other than that of supplier-distributor relationships; on the other hand, on the compensation for the damage that may result from the violation of this rule. This case concerns, for once, the sector of the sale of advertising space and highlights sales techniques that have nothing to do with the traditional sale of space. Indeed, the advertisements on the website of the telephone operator Bouygues Télécom were the object of bids addressed by the advertisers who were in response proposed by the advertising

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Jean-Louis Fourgoux, Price opacity : The French Supreme Court decides that a method of allocation and invoicing of advertising space provided for in the general terms and conditions of sale, which is opaque and imposed on a buyer, may contravene the rule on significant imbalance in the French Commercial Code and give rise to civil liability on the part of an advertising agency (Pixtel / TF1 Publicité), 26 January 2022, Concurrences N° 2-2022, Art. N° 106550, pp. 128-129

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