CASE COMMENT : DISTRIBUTION - MOTOR VEHICLES DISTRIBUTION - PROOF OF CONCURRENCE OF WILLS - ACQUIESCENCE TO PRACTICE

Motor vehicles distribution : The ECJ rules that a call by a motor vehicle manufacturer to its authorised dealers constitutes an agreement within the meaning of Article 81EC if it forms part of a set of "continuous business relations governed by a general agreement drawn up in advance" (Volkswagen)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 13 July 2006, Commission v Volkswagen, Case C-74/04, Facts In 2001, the car manufacturer Volkswagen was fined by the European Commission for implementing an anti-competitive cartel with its dealers. It was accused of fixing the selling prices of one of its models by requiring its dealers, by means of "invitations" contained in circulars, not to grant discounts to customers or to grant them only limited discounts. Volkswagen brought an action against this decision before the Court of First Instance (CFI). The CFI annulled the Commission's decision. The Commission then appealed to the European Court of Justice (ECJ). The Court dismisses the appeal.

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Dominique Ferré, Motor vehicles distribution : The ECJ rules that a call by a motor vehicle manufacturer to its authorised dealers constitutes an agreement within the meaning of Article 81EC if it forms part of a set of "continuous business relations governed by a general agreement drawn up in advance" (Volkswagen), 13 July 2006, Concurrences N° 4-2006, Art. N° 27411, www.concurrences.com

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