Significant imbalance
The mere fact that a distributor, wishing to take advantage of the fall in the price of raw materials in order to reduce prices to consumers, requests credit notes from its suppliers without prior request to the latter, is not sufficient to characterize a bid, if proof of the impossibility of resisting this request and putting an end to the negotiation freely and without sanction is not established.
CA Paris, 25 October 2023, No 20/15542
Fine
In determining the amount of the fine imposed on a parent company, the Competition Authority may take into account sales implemented by an undertaking which did not participate in the infringement through its own resources and to which it did not send a Statement of Objections, provided that those sales were affected by the infringement and must, as such, be considered as related to it.
Cass. com., 18 October 2023, No 20-17.092
Mergers
Even if a breach of the obligation to notify a concentration before it is implemented, as provided for in Article 4(1) of Regulation No 139/2004, automatically entails a violation of the obligation not to implement it prior to authorization as provided for in Article 7(1), these texts pursue autonomous objectives and give rise to infringements of a different nature and to penalties which may be cumulative, despite the fact that they are both aimed at preserving the effectiveness of ex ante merger control.
CJEU, Case C-746/21 P Altice Group Lux Sàrl, Judgment of 9 November 2023
Motor vehicle distribution
Automobile manufacturers are required to make the VIN numbers of the vehicles they manufacture available to independent operators.
CJEU, Case C- 319/22, Judgment of 9 November 2023
Commercial agent
A commercial agent who not only represented the principal, but also provided technical assistance during the fourteen years of the business relationship, is entitled to compensation equal to three years’ commission.
CA Reims, ch. civ. sect. 1, 24 October 2023, No 22/01894
