OBTAINING AN ADVANTAGE WITHOUT CONSIDERATION
A credit granted by a supplier is deemed to be a benefit obtained without consideration, since the supplier was never in a position to note the alleged non-conformities of the products, to provide explanations or to contest them, whereas the distributor did not express any reservations on receipt of the goods, referred to the defects only in internal exchanges and did not report them to the supplier until one year after receipt of the products.
CA Paris, 19 June 2024, No 21/19201

RESTRICTION BY OBJECT
The General Court failed to observe the principles governing the application and interpretation of Article 101(1) TFEU when, instead of examining the content, background and legal and economic context of out-of-court settlement and the license agreements, as well as the specific characteristics of the market in which their effects would actually be felt, it formulated criteria aimed at identifying, in a general and abstract manner, the conditions under which the combination of a patent settlement agreement and a license agreement relating to the same patent may, on the basis of the legal characteristics of these agreements alone, be classified as a restriction of competition by object, within the meaning of the aforementioned article, thus focusing its analysis on the form and legal characteristics of these agreements, rather than examining their concrete impact on competition.
CJEU, Case C-176/19 P Commission v Servier and Others, Judgment of 27 June 2024

The fact that a market-sharing agreement is not “hermetic” does not prevent it from being classified as a restriction of competition by object,…