Product market definition: The French Fair-Trade Commission rules that the qualification of a private label product (MDD) is not conditional on the definition of the characteristics of the product by the distributor

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This article was first published in the Lettre de la distribution published by the Centre du Droit de l’Entreprise of the University of Montpellier.

The sale of private label products represents a significant share of total product sales on supermarket shelves (around 30% in volume in France and up to 40% in many other European countries). Given this importance and in order to offer benchmarks to stakeholders, the CEPC has taken the initiative to bring together a number of rules and good practices between the private label manufacturer and the distributor, in the form of a recommendation published on its website on December 17, 2020 (CEPC, Recommendation No. 20-2: Lettre distrib. 01/2021, p. 5, obs N.E.). In the wake of this, the EGAlim 2 law of October 18, 2021 tightened the framework for private label contracts, largely inspired by the good practices promoted by the CEPC in its recommendation (C. com., art. L. 441-7). However,

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Nicolas Éréséo, Product market definition: The French Fair-Trade Commission rules that the qualification of a private label product (MDD) is not conditional on the definition of the characteristics of the product by the distributor , 1 April 2022, Concurrences N° 3-2022, Art. N° 107311

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