CASE COMMENT : DISTRIBUTION - AUTONOMY OF DECISION - GROUP ENTERPRISES - CONCEALMENT OF CAPITALIST LINKS

Notion of agreement : The French Competition Council decides on the notion of autonomy of decision within a same economic group (Yamaha-MBK)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts Two distributors of two-wheelers have referred the matter to the Competition Council to have two of their competitors (Yamaha Motor France and MBK) belonging to the same group (Yamaha) sanctioned for an anti-competitive cartel. Decision "In view of the elements set out (...), which were not seriously challenged by the plaintiffs, Yamaha Motor Europe and its subsidiaries Yamaha Motor France and MBK form an economic unit within which the subsidiaries do not enjoy autonomy in determining their course of action but apply instructions addressed to them by the parent company that controls them. During the meeting, [the complainant] argued that the two

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Marie Koehler de Montblanc, Notion of agreement : The French Competition Council decides on the notion of autonomy of decision within a same economic group (Yamaha-MBK), 15 September 2006, Concurrences N° 4-2006, Art. N° 27403, www.concurrences.com

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