CASE COMMENT : RESTRICTIVE PRACTICES - COMMERCIAL COOPERATION

Commercial cooperation: The Court of Cassation holds that the Minister of Economy can substitute a supplier even without his agreement in order to act before the Courts (ITM alimentaire c/ Ministre)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, 8 July 2008, ITM alimentaire c/ Ministre de l'économie, n° 07-13.350 – Cass. com, 8 July 2008, Minister for the Economy v GALEC, No. 07-16.761 The Court of Cassation has put an end to the uncertainty linked to the power of substitution granted to the Minister of the Economy on the basis of article L. 442-6 III) C. com. Indeed, in two judgements of 8 July 2008, the High Court specified that the Minister had an "autonomous [...]action which is not subject to the consent or presence of suppliers". In the first case, the Groupement d'achats des centres Leclerc (GALEC) claimed that it had been the victim of discriminatory practices by some of its

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Authors

  • University Littoral-Côte d’Opale (Boulogne-sur-Mer)
  • Roberval Avocat (Lille)

Quotation

Daniel Fasquelle, Laurent Roberval, Commercial cooperation: The Court of Cassation holds that the Minister of Economy can substitute a supplier even without his agreement in order to act before the Courts (ITM alimentaire c/ Ministre), 8 July 2008, Concurrences N° 4-2008, Art. N° 22309, pp. 95-96

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