MY ACCOUNTSIGNIFICANT IMBALANCE
A contract concluded before the LME Law came into force but tacitly renewed after that date at its term, may be subject to the significant imbalance test.
CA Paris, 17 May 2023, LawLex202300007168JBJ
SUDDEN TERMINATION OF ESTABLISHED COMMERCIAL RELATIONSHIP
In the case of an agricultural equipment purchase/resale business, the margin on variable costs is calculated on the basis of the difference between the cost of purchases and the resale price, taking into account transport costs and rebates, discounts and other reductions, with the exception of staff costs and rents, which are fixed costs of the business not entirely dedicated to the representation of the brand.
CA Paris, 17 May 2023, LawLex202300007161JBJ
HORIZONTAL AGREEMENTS
On 1 June 2023, the Commission published its new horizontal restraints package, consisting of two revised regulations on research and development agreements and specialization agreements, and new guidelines on horizontal restraints, which will come into force in July 2023.
https://competition-policy.ec.europa.eu/document/9693c912-e235-4f0d-93ad-49669ccc9475_enTéléchargez le texte des règlements
CIVIL SANCTIONS
An undertaking that fails to analyze the changes in its market share, sales, sales volumes, purchase prices and, consequently, its gross or commercial margin for the periods before, during and after the unlawful practices, even though such data, resulting from the difference between the sales price and the cost of purchases of the products sold, involves variables likely to be directly affected by a restrictive agreement on customer allocation and price coordination, fails to demonstrate its damage.
CA Paris, 17 May 2023, LawLex202300007182JBJ
CIVIL SANCTIONS
Filing a claim with a court, even if it lacks jurisdiction, within the applicable limitation period, has the effect of suspending the statute of limitations on an action for damages for competitive harm.
Cons. d’Et., 17 May 2023, LawLex202300007174JBJ
