CASE COMMENT : ANTICOMPETITIVE PRACTICES - VERTICAL AGREEMENT - PRICE FIXING - EVIDENCE - INCENTIVE REBATES - SELL AT A LOSS - ECONOMIC INTEREST GROUPING - COMMERCIAL AUTONOMY

Proof: The Court of Cassation validates the evidence method applied to vertical agreements (Pre-recorded video tapes)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, 8 April 2008, Casino Guichard Perrachon and Selection Disc Organisation, No. 07-16.485 and 07-16.500, aff. of pre-recorded videocassettes The case of pre-recorded videocassettes is at the heart of sensitive issues: that of the influence of the threshold of resale at a loss on the pricing practices of companies and the means implemented by them both to circumvent and exploit the legal system (at least the one in force at the time) and that of proof of a vertical price agreement following the dissemination of recommended prices. The decision of the Competition Council

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Emmanuelle Claudel, Proof: The Court of Cassation validates the evidence method applied to vertical agreements (Pre-recorded video tapes), 8 April 2008, Concurrences N° 3-2008, Art. N° 20004, pp. 87-88

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