CASE COMMENTS: RESTRICTIVE PRACTICES – MISLEADING AND AGRESSIVE PRACTICE

Preliminary question : The French Supreme Court refers three preliminary questions related to the sale of computers including preinstalled software in order to determine whether the absence of any reference related to the price imputed upon the sale qualifies as an unfair and misleading practice and whether the impossibility to purchase a sotftware-free computer and the fact that the only other option is the contract revocation qualify as an unfair business practice (Sony)

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