CASE COMMENTS: ANTICOMPETITIVE PRACTICES - SHOPPING MALLS - EXCLUSIVITY CLAUSE - ANTICOMPETITIVE OBJECT (NO) - ANTICOMPETITIVE EFFECT (NO) - EVICTION (NO)

Exclusivity clause: The Paris Court of Appeal renders an interesting judgement regarding the limits of the competition that can exist between two shopping malls trying to attract nationwide brands (Odysseum)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On July 3, 2013, Chamber 4 of Pole 5 of the Paris Court of Appeal issued a very interesting ruling that raises the question of the limits of competition that two competing shopping centres can have to attract national brands that will be able to attract consumers to their shopping centres. In the case in point, the owners of the "Odysseum" shopping centre, clearly located on the outskirts of Montpellier, comprising a hypermarket, leisure complexes and a shopping mall with 117 shops, denounced the anti-competitive practices implemented by the "Le Polygone" shopping centre located in the city centre and with 120 shops in the mall. More specifically, they

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