CASE COMMENTS: DISTRIBUTION – FREEDOM OF COMPETITION – INFORMATION ABOUT THE PRICES PRACTISED BY THE COMPETITORS

Freedom of competition: The Court of cassation rules that the freedom of competition involves the possibility of recording the prices practised by a rival company (Hyper Saint-Aunès/Carrefour)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, October 4, 2011, Hyper Saint-Aunès c/ Carrefour hypermarkets, n° 10-21862 Since the establishment of comparative advertising in the early 1990s (see C. conso., art. L. 121-8 et seq.), commercial communication has become increasingly aggressive, particularly when the first advertising campaigns highlighting the differences in prices charged from one brand to another appeared. New information and communication technologies have more recently accentuated this phenomenon, giving rise to a new category of consumers. Today's buyers are more demanding and aspire to absolute market transparency, which is technically possible thanks to the proliferation

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Nicolas Éréséo, Freedom of competition: The Court of cassation rules that the freedom of competition involves the possibility of recording the prices practised by a rival company (Hyper Saint-Aunès/Carrefour), 4 October 2011, Concurrences N° 4-2011, Art. N° 39674, pp. 106-108

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