CASE COMMENTS : RESTRICTIVE PRACTICE - COMMERCIAL COOPERATION - DISPROPORTIONATE PAYMENT - CIVIL REMEDIES - MINISTER REQUEST

Commercial cooperation: The Nîmes Court of Appeal sanctions, at the Minister of the Economics request, payments with a disproportionate compensation, in violation of Art. L. 442-6-I-1° C. com. The Court orders nullity, restitutions and a civil fine, after having excluded criminal principles (Carrefour France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Nîmes, 2nd ch. B, 25 February 2010, Minister of the Economy c/ SAS Carrefour France, RG 07/00606 Whereas the new article L. 442-6-I-2° C. Com. prohibiting significant imbalance focuses attention, pending the decisions to be taken following the assignments introduced on this basis by the Minister of the Economy (see for a first decision, T. Com. Lille, 6 January 2010, ConcurrencesNo. 2-2010, p. 99, our obs.), the former Article L. 442-6-I-2° a) - now, after renumbered by the LME Act, but without a change in wording, Article L. 442-6-I-1° - continues to give rise regularly to decisions rendered on the Minister's initiative, as illustrated by the decision

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Commercial cooperation: The Nîmes Court of Appeal sanctions, at the Minister of the Economics request, payments with a disproportionate compensation, in violation of Art. L. 442-6-I-1° C. com. The Court orders nullity, restitutions and a civil fine, after having excluded criminal principles (Carrefour France), 25 February 2010, Concurrences N° 4-2010, Art. N° 33064, pp. 146-149

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