CASE COMMENT: DISTRIBUTION – COMMERCIAL COOPERATION AGREEMENTS – ACHIEVEMENT OF A SPECIFIC RESULT (NO)

Commercial cooperation agreements: The Court of Cassation renders a court decision against a large retailer for having procured benefits that were manifestly disproportionate to the value of the services it had provided to its suppliers (Carrefour France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, April 27, 2011, Carrefour France, appeal n° 10-13.690 Facts At the end of an investigation into all the commercial cooperation contracts concluded between a Carrefour retail outlet and its suppliers, the DDCCRF found that the retailer would have received, for 22 different contracts, a remuneration significantly higher than the profits made by the suppliers. The Minister for the Economy had then assigned the sign for the purpose of having it condemned for obtaining advantages that were manifestly disproportionate to the value of the services rendered. An appeal court had granted his application, ruling that the sums collected were manifestly

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Philippe Vanni, Commercial cooperation agreements: The Court of Cassation renders a court decision against a large retailer for having procured benefits that were manifestly disproportionate to the value of the services it had provided to its suppliers (Carrefour France), 27 April 2011, Concurrences N° 3-2011, Art. N° 38384, www.concurrences.com

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