The French Supreme Court takes a position on the legal basis for judicial price control, taking into particular consideration the notion of advantages without counterparts under French competition law (OC Résidences)

The Cour de Cassation ruled that judicial control on the price can be exercised on the basis of the sanction of « advantages without counterpart » (former art. L. 442-6 I 1° and actual art. L. 442-1 1° CCom, after ordonnance of April 24, 2019), not only on the basis of the sanction of « submission or attempted submission to a significant imbalance » (former art. L. 442-6 I 2° et actual L. 442-1 2° Ccom, after ordonnance of April 24, 2019) subject to more conditions that are difficult to establish In an important decision of January 11, 2023, the Commercial Chamber of the Cour de Cassation took a position on the legal basis for judicial price control which was discussed by the authors. In this case, a company building individual houses had imposed on its subcontractors, in the contracts