CASE COMMENT - RESTRICTIVE PRACTICES - COMMERCIAL COOPERATION - ACTION OF THE ECONOMY MINISTER - ADMISSIBILITY
False commercial cooperation - Economy Minister’s action: The Versailles Court of Appeal decides on the admissibility of the Economy Minister’s action in accordance with Article L. 442-6, III of the Commercial code (Galec)
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CA Versailles, 12th Chamber, 3 May 2007, Le Galec v. Minister of the Economy
The Versailles Court of Appeal has just ruled on the issue of false commercial cooperation, on the competence of the Minister of the Economy to act on the basis of Article L.442-6-III of the Commercial Code to declare the agreement null and void and to recover undue payments to the benefit of the aggrieved suppliers.
The ruling, handed down on 3 May 2007, weakens to some extent the effectiveness of the sanctions applicable in the area of practices restricting competition, more specifically the provisions of Article L.442-6 of the French Commercial Code, which aim to obtain undue
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