ALERTS: UNFAIR COMMERCIAL PRACTICES - SIGNIFICANT IMBALANCE - BURDEN OF PROOF - SANCTIONS

Significant imbalance: The Paris Court of Appeal gives useful details on the proof and the sanction of a significant imbalance (GEEPF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Paris Court of Appeal was seized of an action brought by the Minister based on the significant imbalance created by two clauses imposed by a General Electric subsidiary on its suppliers and subcontractors - a clause providing for the primacy of the GTC over the GCS and a clause setting out the terms and conditions of an advance payment by the buyer to its suppliers. Evidentiary value of anonymized supplier statements - As a preliminary point, the Court admits, for the first time it seems in matters of significant imbalance, the evidentiary value of statements from anonymized suppliers by the Minister (comp. in matters of anti-competitive practices,

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  • Centre de Droit de l’Entreprise (Montpellier)

Quotation

Sibylle Chaudouet, Significant imbalance: The Paris Court of Appeal gives useful details on the proof and the sanction of a significant imbalance (GEEPF), 12 June 2019, Concurrences N° 3-2019, Art. N° 91848, www.concurrences.com

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