MY ACCOUNTUNFAIR COMPETITION
Unless otherwise stipulated, a partner in a société par actions simplifiée (French simplified joint-stock company) is not, in that capacity, required to refrain from carrying on any activity in competition with that of the undertaking, or to inform the undertaking of any such activity, and must only refrain from acts of unfair competition.
Cass. com. 21 June 2023, LawLex202300008403JBJ
VERTICAL RESTRAINTS
A hardcore restriction such as a vertical agreement to fix minimum resale prices does not necessarily constitute a restriction of competition by object.
CJEU Case C-211/22 Super Bock Bebidas (SA), Judgment of 29 June 2023, LawLex202300008611JBJ
CIVIL SANCTIONS
The mere presumption that a restrictive agreement between competitors causes harm and that the direct or indirect purchaser does not pass on the overcharge to its direct co-contractors, introduced by the Damages Directive, which is of a material nature, does not apply to acts committed before the deadline for its transposition.
CA Paris, 28 June 2023, LawLex202300008454JBJ
COMMERCIAL AGENTS
The fact that the principal has granted the agent a notice period does not deprive him of the right to invoke the gravity of the latter’s breaches as grounds for refusing to pay the compensatory indemnity.
CA Rennes, 20 June 2023, LawLex202300008305JBJ
INDICATION OF PRICES
The concept of “selling price” pursuant to Article 2(a) of Directive No 98/6 of 16 February 1998 on the indication of prices of products does not include the amount of the deposit payable by consumers when purchasing goods packaged in returnable containers.
CJEU, Case C-543/21 Verband Sozialer Wettbewerb eV, Judgment of 29 June 2023, LawLex202300008633JBJ
