CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – RESTRICTIVE PRACTICES OF COMPETITION – COMMERCIAL PARTNERSHIP – SIGNIFICANT IMBALANCE – MINISTER LEGAL ACTION

Minister legal action: The French Supreme Court approves the condemnation of a specialised distributor for significant imbalance and refuses to criticise the French Minister for Economy which highly publicised its legal action (Darty)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After the signs of the large food distribution, the signs of the specialized distribution are, in their turn, under the spotlight of the Court of Cassation. The scenario is well known, with an action initially launched by the Minister who considered that two clauses inserted in the contracts concluded between Darty and its suppliers subjected the latter to a significant imbalance (Com. C., art. L. 442-6, I, 2°). The responses of the High Court are not surprising, either, for most of them. It will nevertheless be noted that this lengthy ruling rejecting the Court of Cassation deals with all the conditions laid down by article L. 442-6, I, 2° C. com. except...

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  • University of Aix-Marseille

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Frédéric Buy, Minister legal action: The French Supreme Court approves the condemnation of a specialised distributor for significant imbalance and refuses to criticise the French Minister for Economy which highly publicised its legal action (Darty), 26 April 2017, Concurrences N° 3-2017, Art. N° 84500, pp. 93-94

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