CASE COMMENTS : RESTRICTIVE PRACTICES – COMMERCIAL COOPERATION – PAYMENT OF A DISPROPORTIONATE COMPENSATION

Commercial cooperation: The Court of Cassation overturns the decision of the Court of Appeal of Bourges and rules that it did not take into account the correct methodology to determine whether the compensation paid was disproportionate (Minister of the Economy/Carrefour France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 27 April 2011, Carrefour France v/ Minister of the Economy, No. 10-13690 The Court of Cassation states that the economic result of a service cannot be the sole criterion for determining whether the remuneration received by a distributor is disproportionate to the value of the commercial cooperation services rendered, within the meaning of Article L.442-6 I 1° of the French Commercial Code. In the present case, the services involved were very traditional, the installation of gondola heads designed to promote products as part of promotional operations. These services had been the subject of a formal contract with the Carrefour hypermarket and had

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Mireille Dany, Commercial cooperation: The Court of Cassation overturns the decision of the Court of Appeal of Bourges and rules that it did not take into account the correct methodology to determine whether the compensation paid was disproportionate (Minister of the Economy/Carrefour France), 27 April 2011, Concurrences N° 3-2011, Art. N° 38028, pp. 139-140

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