Upstream contractualization and food supply chain: The Tribunal Judiciaire of Coutances (France) condemns on the basis of civil law a processor for unilateral pricing practices with its milk producers (SUNLAIT / SAVENCIA)

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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. The subject of the reported litigation is the alleged non-compliance by an Association of Milk Producer Organizations (Sunlait AOP), with two companies of the processor Savencia ("Savencia"), better known through its cheese product brands (Saint-Moret, Caprice des dieux, Elle et Vire etc), of the contractual framework determining the price of milk. In 2012, the Producer Organizations (POs) belonging to the PDO signed framework contracts negotiated by the PDO for a period of 7 years, providing for the supply of raw cow's milk and automatically renewed for 5 years in 2019. Savencia was the sole purchaser of the milk volumes produced by the PO producers. These framework contracts, which included provisions for setting the price of milk collected from member farmers, gave rise to

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  • Jean-Michel Vertut - Avocat (Montpellier)

Quotation

Jean-Michel Vertut, Upstream contractualization and food supply chain: The Tribunal Judiciaire of Coutances (France) condemns on the basis of civil law a processor for unilateral pricing practices with its milk producers (SUNLAIT / SAVENCIA), 30 August 2022, Concurrences N° 4-2022, Art. N° 109810, www.concurrences.com

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