CASE COMMENT: RESTRICTIVE PRACTICES - DISCRIMINATORY PRICING POLICY

Discriminatory pricing policy: The Court of Cassation holds that a discriminatory pricing policy cannot allow a supplier to supplant a distributor which does not give satisfaction (Akzo nobel coating c/sté Bonnot)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, 25 April 2006, Akzo nobel coating v/ société Bonnot, n° 03-20.353 While the decree implementing the SME Law of 2 August 2005 specifying the conditions for implementing price differentiation is still awaited, the Court of Cassation recalled, in a judgment of 25 April 2006, that discriminatory pricing practices are prohibited by Article L. 442-6-I-1° C. com. In the present case, a supplier who was dissatisfied with the performance of his distributor decided to take over the sale of his products himself and, after informing his partner by letter, began to approach customers directly. However, the ousted partner found that the prices charged to

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Authors

  • University Littoral-Côte d’Opale (Boulogne-sur-Mer)
  • Roberval Avocat (Lille)

Quotation

Daniel Fasquelle, Laurent Roberval, Discriminatory pricing policy: The Court of Cassation holds that a discriminatory pricing policy cannot allow a supplier to supplant a distributor which does not give satisfaction (Akzo nobel coating c/sté Bonnot), 25 April 2006, Concurrences N° 4-2006, Art. N° 12460, p. 78

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