ALERTS: DISTRIBUTION – ABUSE OF ECONOMIC DEPENDENCE – CENTRAL CONTRACTING AGENCY – SIGNIFICANT IMBALANCE – ASSOCIATION OF UNDERTAKINGS – NULLITY / VOIDNESS – PUBLIC ORDER – BUYER POWER – REBATES – SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS

Advantages without counterpart: The Paris Court of Appeal denies a service provider from its action against a company member of a distribution group company for having obtained an advantage consisting in administrative costs for the organization of a call for tenders (PSI Grand Sud / Monoprix)

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This article was first published in the Lettre de la distribution published by the Centre du Droit de l’Entreprise of the University of Montpellier.

Facts and procedure. A company had been providing surveillance and guarding services for nineteen Monoprix stores since 2002. In 2013, a framework contract of indefinite duration formalised this situation. In 2015, Monoprix launched a call for tenders for the service. The security company was given two months' notice of termination in the event that its application was not selected at the end of the tender. It was selected for 11 outlets and a new, lower price scale was applied for the future relationship for the entire "Monoprix market", i.e. for services provided to both the selected outlets and the eight that were not. A new framework contract of indefinite duration was drawn up for the services provided at the 11 sales outlets, terminable with three months' notice. The ruling

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  • Jean-Michel Vertut - Avocat (Montpellier)

Quotation

Jean-Michel Vertut, Advantages without counterpart: The Paris Court of Appeal denies a service provider from its action against a company member of a distribution group company for having obtained an advantage consisting in administrative costs for the organization of a call for tenders (PSI Grand Sud / Monoprix), 6 May 2021, Concurrences N° 4-2021, Art. N° 101737, www.concurrences.com

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