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    The 5 news of the week – 4 December 2023

    Restrictive agreements
    The Commission has sent a Statement of Objections to six undertakings and a professional association concerning restrictive agreements on prices for starter batteries sold to car manufacturers in the EEA.
    EU Commission, 30 November 2023, IP/23/6146

    LThe very rare practice of identical prices by two real estate agencies and their geographical proximity, which may lead to common market characteristics, are insufficient elements to characterize a restrictive agreement, which cannot be derived from the mere formation of an EIG whose bylaws give no indication that it includes price-fixing in the establishment of common rules for the practice of the profession, and any anticompetitive effect.
    CA Paris, 29 November 2023, No 22/03287

    Exclusive distribution
    The signing of the annual agreement provided for in the present Article L. 441-3 of the Commercial Code six months before the expiry of the current notice period is not intended to replace the terminated contract with a new one-year fixed-term contract.
    CA Paris, 22 November 2023, No 21/11932

    Commercial agent
    Breach of the agency agreement during the trial period does not exclude the agent’s right to an indemnity.
    CA Lyon, 23 November 2023, No 20/01277

    Product conformity
    When a sale has been rescinded for breach of the obligation to deliver goods in conformity, the seller cannot secure from a third party the price to which, as a result of the rescission of the sale and the handing over of the goods, he is no longer entitled, and of which the restitution does not constitute a recoverable harm in his favor.
    Cass. com., 22 November 2023, No 22-18.306

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