CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - CATEGORIAL GCVS - GROUPING FOR PURCHASE - UNDUE DISCOUNTS - UNLAWFUL RETROCESSION

General terms and conditions of sale by category: The Paris Court of Appeal considers that a pharmaceutical laboratory is entitled to have differentiated general terms and conditions of sale for orders from purchasing grouping companies (Bristol-Myers Squibb, UPSA / Pyxis Services, Sagitta Pharma)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Paris Court of Appeal considers that a pharmaceutical laboratory is entitled to have different general terms and conditions of sale for orders from purchasing pooling companies ["SRA"] and pharmaceutical purchasing groups ["CAP"] and that the practice of retail pharmacists consisting of pooling, via a pharmacy, purchases intended for the SRA for onward distribution to its members is illegal and unfair. This ruling marks a step forward in the battle between laboratories and pharmacists to allow small pharmacies to benefit from advantageous commercial conditions by taking advantage of the purchasing pooling provided for by the Public Health Code.

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Jean-Louis Fourgoux, General terms and conditions of sale by category: The Paris Court of Appeal considers that a pharmaceutical laboratory is entitled to have differentiated general terms and conditions of sale for orders from purchasing grouping companies (Bristol-Myers Squibb, UPSA / Pyxis Services, Sagitta Pharma), 2 June 2021, Concurrences N° 3-2021, Art. N° 101920, pp. 113-114

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