CASE COMMENT : DISTRIBUTION - AGENT - RISKS - SELLING CONDITIONS - INDEPENDANT ECONOMIC OPERATOR

Agent : The CFI rules that the agent who does not determine selling conditions and does not bear the main risks resulting from the activity is not an independent economic operator in the meaning of Article 81 CE (DaimlerChrysler AG)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts Consumers have complained to the European Commission about certain practices of companies in the Daimler-Benz AG group. They were accused of to impede the export of new Mercedes-Benz motor vehicles to various Member States. The Commission found that there was an anti-competitive cartel between DaimlerChrysler and its sales agents in Germany. In reaching this conclusion, the Commission considered that, to the extent that the agents assumed certain financial risks inherent in their business (price risks, risks related to transport costs, other risks related to the acquisition of the (e.g. demonstration cars, carrying out repairs under warranty,

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Dominique Ferré, Agent : The CFI rules that the agent who does not determine selling conditions and does not bear the main risks resulting from the activity is not an independent economic operator in the meaning of Article 81 CE (DaimlerChrysler AG), 15 September 2005, Concurrences N° 4-2005, Art. N° 27258, www.concurrences.com

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