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)
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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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