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    The 5 news of the week – 4 March 2024

    Abusively low pricing 
    A buyer who does not allow the seller to formulate its own price proposal and imposes the price set by its broker, with no possibility of discussion, fails to comply with the formal requirements laid down in Articles L. 631-24 of the Rural and Maritime Fishing Code and L. 442-7 of the Commercial Code.
    T. com. CA Bordeaux, 22 February 2024, No. 2022F01972

    Action by the minister of the economy
    A transaction between economic partners does not deprive the Minister of the Economy of his or her powers under Article L. 442-4 of the Commercial Code.
    Cass. com. 28 February 2024, No. 22-10.314

    Civil fine
    A company which, after acquiring control of 100% of the shares of companies which had imposed a standard form agreement containing imbalanced terms on franchisees, continues to engage in those practices, is deemed to have participated in them and may be found jointly and severally liable with its subsidiaries for the payment of a civil fine.
    Cass. com., 28 February 2024, No. 22-10.314

    Court-ordered investigation 
    The right to confidentiality of correspondence covers only correspondence between a client and his or her lawyer in all matters relating to the exercise of rights of defense in the context of litigation, and not correspondence outside litigation or pre-litigation proceedings.
    CA Douai, 22 February 2024, No. 23/00749

    Exclusive distribution
    The supplier may claim the anticipatory breach exception (exception d’inexécution) to justify direct sales in the distributor’s territory when the latter has not successfully implemented the objectives to which the benefit of exclusivity depended.
    CA Dijon, 22 February 2024, No. 21/01607

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