The 5 news of the week – 10 July 2023

Unfair competition
Compensation for the sudden termination of an established commercial relationship with a client, which compensates only the harm resulting from the absence or inadequacy of notice, may be combined with damages payable by the perpetrator of unfair customer poaching for the harm resulting from the loss of clientele after the notice period.
Cass. com. 28 June 2023, LawLex202300008572JBJ

Significant imbalance
Under Article L. 442-1, I, 2° of the Commercial Code, both unfair terms and practices that are not explicitly covered by the contract may be sanctioned, such as the imposition of a price cut aimed at protecting the distributor’s margin.
CA Paris, 28 June 2023, LawLex202300008655JBJ

Restrictive agreements
The multilateral interbank commission designed to compensate, on a transitory basis, for a cash flow imbalance induced by digitization does not fall within the scope of any agreement or practice the harmful nature of which is proven and easily detectable in the light of the Competition Authority’s decision-making practice, as confirmed by case law.
Cass. com., 28 June 2023, No 21-26.015

Investigation
DGCCRF officials who, rather than accepting voluntary statements, conduct extensive, sometimes tense hearings, including questions of a self-incriminating nature without first informing those questioned of their rights under Article L. 450-3 of the Commercial Code, which are not necessary for the purposes of the audit in question, exceed their powers with the result that the minutes of such hearings must be excluded from the proceedings.
CA Paris, 28 June 2023, LawLex202300008655JBJ

Exclusive distribution
Exclusive distribution agreements for the territories of Martinique, Guadeloupe and French Guiana are not caught by the prohibition on exclusive import rights laid down in Article L. 420-2-1 of the Commercial Code when other distributors can be appointed in the same areas, active sales are not restricted and resellers are able to market other brands.
CA Paris, 28 June 2023, LawLex202300008657JBJ