CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – UNFAIR COMPETITION – GROUP OF COMPANIES – ECONOMIC ENTITY

Economic entity: The French Supreme Court rules that the concept of economic entity is specific to the antitrust law and cannot be applied to the common civil liability law (Optical Center / Frères Lissac, Lissac enseigne, Gadol et Audioptic Trade Services)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment is not published in the bulletin, which is unfortunate (see CCC 2018, comm. 87, obs. M. Malaurie-Vignal). For the Court of Cassation is making an important decision here, which defuses an attempt to import so-called "economic" reasoning in civil law. Certain practices observed in the optical market have given it the opportunity to do so. Optical Center, an operator of branch and franchise stores, accused the Gadol cooperative, owner of the "Optic 2000" brand, Frères Lissac and Lissac enseigne, operators of branch and franchise networks, and GIE Audioptic Trade Services, a provider of various services (financial, logistical, etc.), of false

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  • University of Aix-Marseille

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Frédéric Buy, Economic entity: The French Supreme Court rules that the concept of economic entity is specific to the antitrust law and cannot be applied to the common civil liability law (Optical Center / Frères Lissac, Lissac enseigne, Gadol et Audioptic Trade Services), 14 February 2018, Concurrences N° 3-2018, Art. N° 87665, pp. 128-129

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