CASE COMMENTS: MERGER - CONCEPT OF CONTROL - DISTRIBUTION NETWORK - CHANGE OF STORE BRAND - TRANSFER OF CONTRACTS OR CUSTOMERS

Notion of control - Distribution agreements: The French Competition Authority provides useful comments on the concept of control resulting from distribution contracts, in the context of the creation of a joint-venture between two groups specializing in inexpensive ready-to-wear clothing (Veti/Kiabi)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Concording Aut. conc. dec. no. 09-DCC-23 of July 23, 2009 relating to the change of signage of points of sale under the Veti banner to the Kiabi banner The Competition Authority considers that the transaction consisting, for a network of sales outlets operating under the Veti brand, in switching to the Kiabi brand does not constitute a transfer of customers or of a portfolio of contracts, and consequently finds that the transaction did not constitute a concentration within the meaning of Article L. 430-1, I C. Com. The operation involved two low-cost ready-to-wear brands: Kiabi, owned by Kiabi Europe, and Veti, owned by ITM Entreprises. A memorandum of

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Olivier Billard, Notion of control - Distribution agreements: The French Competition Authority provides useful comments on the concept of control resulting from distribution contracts, in the context of the creation of a joint-venture between two groups specializing in inexpensive ready-to-wear clothing (Veti/Kiabi), 23 July 2009, Concurrences N° 4-2009, Art. N° 29213, pp. 136-138

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