CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – TRANSPARENCY – RESTRICTIVE PRACTICES OF COMPETITION – CATEGORIAL SALES CONDITIONS – CRITERIA

Categorical sales conditions: The French Supreme Court points out, in very clear terms, the need for suppliers to establish their categorical conditions of sale on the basis of objective criteria and to justify them in the event of refusal to communicate pursuant to Article L 441-6 of the French Commercial Code (Pyxis / Cooper)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court of Cassation, in the context of relations between a laboratory and pharmacies, recalls the need for suppliers to establish the categorical conditions of sale on the basis of objective criteria. In this case, a pharmaceutical company had brought before the Paris Tribunal de Grande Instance acts of unfair competition committed against it by a pharmaceutical purchasing group (CAP), a purchasing group structure (SRA) and several pharmacies, on account of retrocessions committed by the latter and facilitated by the CAP and the SRA. According to settled case-law, the fact that an economic operator is free from the legal provisions governing its

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Jean-Louis Fourgoux, Categorical sales conditions: The French Supreme Court points out, in very clear terms, the need for suppliers to establish their categorical conditions of sale on the basis of objective criteria and to justify them in the event of refusal to communicate pursuant to Article L 441-6 of the French Commercial Code (Pyxis / Cooper), 29 March 2017, Concurrences N° 3-2017, Art. N° 84496, pp. 90-91

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