ARTICLES : RESTRICTIVE PRACTICES - COMMITTEE CEPC – ANNUAL REPORT

Restrictive practices: The 2012 CEPC’s report

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Ever since the enactment of the Dutreil Act on August 2, 2005, France’s commercial practices oversight committee (the CEPC) has, each year, prepared a report for the French Government and Parliament on case law developments in the area of restrictive practices (Title IV of Book IV of the Commercial Code). The report is drawn up on the basis of (i) an annual overview conducted by the Administration (the DGCCRF), which presents all the year’s court decisions from cases brought by the Minister of the Economy, and (ii) an annual overview prepared by the Montpellier Law School, which, drawing from numerous published and unpublished decisions, sheds light on how the regulations are applied in lawsuits brought by economic operators. The overviews for 2011, published on the CEPC website’s in June 2012, confirms the findings drawn from previous overviews, and provides first elements on the implementation of the Reform of August 4th, 2008, in particular concerning significant imbalance.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Since the Dutreil Law of 2 August 2005, the Commission d'examen des pratiques commerciales (CEPC) - whose mission of interpretation has been recognised by the Constitutional Council (decision no. 2010-85 QPC of 13 January 2011) - has been drawing up an annual report transmitted to the Government and Parliament on legal disputes relating to practices restricting competition (Title IV of Book IV of the Commercial Code). 2. This report is based on the assessment carried out by the Administration (DGCCRF), which presents all the decisions handed down during the year following proceedings initiated by the Minister of the Economy, and that of the Montpellier

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