Antitrust, Distribution and Consumption Archives

First “gun jumping” decision by the Moroccan Competition Council!

05/05/2022 First "gun jumping" decision delivered by the Moroccan Competition Council! By decision of April 28, 2022, the Competition Council decided to impose a financial penalty of 11,670,215 dirhams (i.e.…

Note on a decision of the Court of Cassation on the question of the seizability of documents related to a lawyer’s consultation in the context of a competition investigation on the premises of a company. | 23/03/2022

Antitrust, Distribution and Consumption

In an interesting decision of 26 January 2022, the Court of Cassation (Cass. crim. 26-1-2022 n° 17-87.359 F-D) clarifies the question of the seizability of documents related to a lawyer's…

Public consultation on the draft guidelines for information exchange in the context of dual distribution | 20/04/2022

Antitrust, Distribution and Consumption

As a reminder, "dual distribution" refers to the scenario where a supplier sells goods or services not only, at the upstream level, through independent distributors, but also at the downstream…

“Egalim II” Law: What’s new on logistics penalties between suppliers and distributors? | 09/12/2021

Antitrust, Distribution and Consumption

The “Egalim II” Law of October 18th, 2021 introduces several new provisions on logistics penalties into the French Commercial Code. These new provisions came into force on October 20th, 2021…

Unprecedented sanction: Bercy orders the dereferencing of the digital platform Wish | 08/12/2021

Antitrust, Distribution and Consumption

On 24 November 2021, Bercy announced that it has ordered the major mobile application shop and search engine operators to discontinue the Wish e-commerce site and its mobile application [1].…

What’s new in the agri-food sector since 1 November 2021 | 22/11/2021

Antitrust, Distribution and Consumption

As a reminder, Order No. 2021-859 of 30 June 2021 [1] (hereinafter the "Order") transposed into French domestic law Directive (EU) 2019/633 of 17 April 2019, the objective of which…

“EGALIM 2” law of 18 October 2021: A return of discrimination in commercial negotiations and an increased complexity of negotiations | 10/11/2021

Antitrust, Distribution and Consumption

Since 19 October, the law n° 2021-1357 of 18 October 2021 aimed at protecting farmers' remuneration, known as the "Egalim 2" law, imposes new obligations on sellers and buyers of…

Follow-on: confirmation of the subsidiary’s liability for the anti-competitive practices of its parent (CJEU 6 October 2021) | 03/11/2021

Antitrust, Distribution and Consumption

In the context of actions for damages, the Court of Justice of the European Union (CJEU) ruled in a decision of 6 October 2021 on the existence of a "downward…

Competition law goes green: the European Commission’s new initiatives | 19/10/2021

Antitrust, Distribution and Consumption

The European Commission announced the results of its call for evidence under the Green Deal in a speech by Inge Bernaerts, Director of Policy & Strategy at DG COMP on…

Denial of the French Competition Authority’s status as a court by the Cour de cassation | 18/10/2021

Antitrust, Distribution and Consumption

On 30 September 2021, the Court of Cassation handed down two decisive rulings [1] on procedural matters, answering the question of whether the procedure of recusal or dismissal on grounds…

Monopoly abuses and excessive pricing | 12/10/2021

Antitrust, Distribution and Consumption

Chamber of Commerce 7 July 2021, D, n° 19-25.586 and n° 19-25.602 The Commercial Chamber of the French Cour de cassation confirms, in its decision of 7 July [1], the…

The European Commission launches public consultation on draft Vertical Block Exemption Regulation and Vertical Guidelines | 20/07/2021

Antitrust, Distribution and Consumption

The European Commission published on 9 July drafts of the Vertical Block Exemption Regulation and Vertical Guidelines. The said drafts are submitted for public consultation to adapt the existing texts…

Digital – Willingness of national competition authorities to be involved in the Digital Market Act: which interaction with competition law? | 01/07/2021

Antitrust, Distribution and Consumption

Since the publication by the European Commission of the proposed Digital Market Act ("DMA") regulation on December 15, 2020, which introduces new tools to control the main players in the…

New developments in Merger law – The regulation of new merger | 16/06/2021

Antitrust, Distribution and Consumption

The modernization of merger control continues in 2021, both at the national and European levels. An overall review had already been initiated last summer by the French Competition Authority with…

Report of the European Commission on its evaluation of the automotive block exemption regulation | 15/06/2021

Antitrust, Distribution and Consumption

June 2021 – The European Commission publishes its report and working document on its evaluation of the automotive block exemption regulation. The European Commission has just published its report and working…

Apple in the European Commission’s sights | 15/06/2021

Antitrust, Distribution and Consumption

The Commission sent a statement of objections to Apple on April 30, 2021 regarding rules for the distribution of music streaming apps on the Apple Store. [1] The Commission considers that…

Publication of the order transposing the “ECN+” directive | 15/06/2021

Antitrust, Distribution and Consumption

The Law containing various provisions adapting to European Union law in economic and financial[1] matters (“DDADUE“) authorized the Government to transpose by ordinance the provisions, not yet included in French law,…

The impact of competition law on the legality of pricing practices within distribution networks | 15/06/2021

Antitrust, Distribution and Consumption

The positioning of resale prices of products in distribution networks is a major concern for suppliers. However, their intervention with distributors remains strictly regulated. Indeed, although the supplier can advise…

Abrupt termination of a commercial relationship: change of co-contractor is not considered as a substantial modification | 14/06/2021

Antitrust, Distribution and Consumption

“The rupture is only attributable to the author of a modification of the business relationship, refused by the other party, if this modification is substantial“. This is the principle that…