CASE COMMENT : DISTRIBUTION – EXCLUSIVE AGREEMENT - COMMERCIAL CENTER – COMMERCIAL LEASE – NON COMPETE OBLIGATION – ANTI-COMPETITIVE EFFECTS (NO)
Commercial lease: The Paris Court of Appeal denies the complaint against exclusive obligations in about one hundred commercial leases (Odysseum/Le Polygone)
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The Paris Court of Appeal has issued a well reasoned ruling that will be of interest to both commercial leasing practitioners and competition law specialists. The dispute was between the companies Le Polygone, which has operated a shopping centre in the heart of Montpellier since 1975, and Odysseum, owner of a much more recent centre on the outskirts of the city. This new centre, which had been much disputed locally, in particular by an association of city centre retailers, had been authorised by a decision of the Commission nationale d'équipement commercial dated 22 September 2005. Following this decision, and in the face of the outcry from city-centre
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