CASE COMMENTS : RESTRICTIVE PRACTICES – DISPROPORTIONATE COMPENSATION – COMMERCIAL COOPERATION – ACTION BY THE MINISTER – INFORMATION OF CONTRACTING PARTIES– DISTRIBUTION/RETAIL

Disproportionate compensation: The Court of Appeal of Orleans declares admissible the action of the Minister of economy, but decides that he does not manage to prove a disproportionate compensation (Minister of the Economy/Carrefour)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After the judgment of cassation delivered by the Commercial Chamber on 27 April 2011 (Cass. com., 27 April 2011, No. 10-13690), we awaited with interest the solution adopted by the referring Court of Appeal in the dispute between a major retailer and the Minister for the Economy alleging that it had concluded contracts with some of its suppliers conferring on it advantages that were manifestly disproportionate to the value of the service rendered in breach of Article L. 442-6-I 2° a) - now, after LME L. 442-6-I-1 - of the Commercial Code. In fact, if this controversial provision has been confirmed, in the course of 2011, with regard to its

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Disproportionate compensation: The Court of Appeal of Orleans declares admissible the action of the Minister of economy, but decides that he does not manage to prove a disproportionate compensation (Minister of the Economy/Carrefour), 12 April 2012, Concurrences N° 3-2012, Art. N° 48402, pp. 139-141

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