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    The 5 news of the week – 19 February 2024

    Logistics penalties
    The Council of State has referred a question to the Constitutional Council concerning the conformity with the principle of the legality of infringements of the provisions of Article L. 441-17 of the Commercial Code, which requires a distributor imposing logistics penalties to reserve for the supplier a “sufficient margin of error”, without defining what this is.
    Cons. d’Et., 9 February 2024, No 489395

    Vertical agreements
    The restrictive agreement between a franchisor and its franchisees to limit their online sales activity constitutes, by virtue of its harmful nature, a restriction of competition by object within the meaning of Articles 101(1) TFEU and L. 420-1 of the Commercial Code.
    Competition Authority (ADLC), 6 February 2024, No 24-D-02

    Court-ordered investigation
    The obtaining of computer files held by a Germany-based company of the group does not call into question the lawfulness of the procedure, insofar as they were not seized, even if the authorities would have been entitled to demand them, given that they concerned messages exchanged by the undertaking’s employees from their professional e-mail accounts, to which they had access in France, but which were disclosed voluntarily by the undertaking after the transactions.
    CA Douai, 1 February 2024, No 23/00755

    An undertaking is not entitled to demand the return of correspondence exchanged with its lawyer where the latter was not seized but voluntarily shared by the undertaking after the inspection.
    CA Douai, 1 February 2024, No 23/00755

    Dual distribution
    A franchisor who relies on its dual role as supplier and competitor of franchisees on the retail market to control their commercial outlets through its centralized online sales system, while maintaining a competitive advantage over them, is committing a restriction by object.
    Competition Authority (ADLC), 6 February 2024, No 24-D-02

     

     

     

     

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