CASE COMMENTS : ANTICOMPETITIVE PRACTICES - VERTICAL AGREEMENT - ECONOMIC ENTITY - AUTONOMY (NO) - AGENCY AGREEMENT (YES)

Notion of economic entity: The French Competition Authority declares inapplicable the prohibition of collusive practices to a vertical agreement in the sector of “ready-to-wear” (Secteur de la distribution de vêtement prêt-à-porter féminin et d’accessoires)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Aut. conc. dec. no. 09-D-23 of 30 June 2009 relating to practices implemented in the women's ready-to-wear clothing and accessories distribution sector Can price clauses with a view to uniform marketing of products throughout the network of establishments in the national territory escape the rules of competition? Yes ... if the resellers to the agreement are not autonomous from the supplier and form an economic unit (i.e. an undertaking) which behaves uniquely on the market. Seized by the Minister suspecting price fixing practices between the Spanish supplier of the women's ready-to-wear brand Mango and its resellers established in France, the

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Laurence Nicolas-Vullierme, Notion of economic entity: The French Competition Authority declares inapplicable the prohibition of collusive practices to a vertical agreement in the sector of “ready-to-wear” (Secteur de la distribution de vêtement prêt-à-porter féminin et d’accessoires), 5 November 2009, Concurrences N° 4-2009, Art. N° 29250, pp. 99-101

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