CASE COMMENTS: UNILATERAL PRACTICES – FRANCE – EXCLUSIVITY CLAUSE – RETALIATION – SANCTION

Exclusivity clause: The Paris Court of Appeal confirms for the most part a decision of the French Competition Authority fining an undertaking €69 million for abuse of dominant position towards its competitors by practicing, during 9 years, a trade policy aiming at constraining its distributors to supply themselves exclusively from the company (Umicore)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment delivered on 17 May 2018, the Paris Court of Appeal essentially confirmed Decision 16-D-14 on practices in the zinc and zinc products for the building industry (Aut. conc., dec. no. 16-D-14 of 23 June 2016 on practices in the rolled zinc and zinc products for the building industry, comm. A. Wachsmann, Concurrences No. 4-2016 p. 101). In this case, the Belgian zinc producer Umicore was heavily sanctioned by the Competition Authority ("the Authority") for imposing exclusive purchasing obligations on its authorised distributors for nine years between 1999 and the end of 2007, prohibiting them from selling products competing with its products.

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Anne Wachsmann, Nicolas Zacharie, Exclusivity clause: The Paris Court of Appeal confirms for the most part a decision of the French Competition Authority fining an undertaking €69 million for abuse of dominant position towards its competitors by practicing, during 9 years, a trade policy aiming at constraining its distributors to supply themselves exclusively from the company (Umicore), 17 May 2018, Concurrences N° 3-2018, Art. N° 87683, pp. 99-101

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