CASE COMMENTS: CARTELS – FRANCE – OVERSEAS TERRITORY – EXCLUSIVE RIGHT OF IMPORTATION

Exclusive right: The French Competition Authority sanctions a manufacturer of medical biology products and its wholesaler-distributor for having agreed on an exclusive right of import in French Guiana, in violation of Article L. 420-2-1 of the French Commercial Code (bioMérieux, Guyane service médical)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The Competition Authority has once again just punished economic players for agreeing to exclusive import rights in overseas territories. The case concerns medical biology products, which are used by hospitals to carry out in vitro diagnostic tests. In this case, an exclusivity clause had been stipulated in the distribution contract concluded between a pharmaceutical laboratory, a manufacturer of medical biology products, and a wholesaler-importer responsible for their distribution on the territory of French Guiana. Since the Lurel Act of 20 November 2012, Article L. 420-2-1 C. com. prohibits, in the communities covered by Article 73 of the

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Anne-Sophie Choné-Grimaldi, Exclusive right: The French Competition Authority sanctions a manufacturer of medical biology products and its wholesaler-distributor for having agreed on an exclusive right of import in French Guiana, in violation of Article L. 420-2-1 of the French Commercial Code (bioMérieux, Guyane service médical) , 29 May 2019, Concurrences N° 3-2019, Art. N° 91524, pp. 86-87

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