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Tag: JUDGMENTS

The final version of the Vertical Block Exemption Regulation and Vertical Guidelines

The final version of the Vertical Block Exemption Regulation and Vertical Guidelines: a fairly positive text, favorable to the protection of distribution networks and their proper functioning, despite some imperfections On 10 May 2022 the European Commission published the final version of its regulation and guidelines on vertical restraints applicable in particular to distribution agreements.

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Wane group case clarifies legal autonomy in French Polynesia

The Wane group case has shed light on the question of legal autonomy in French Polynesia. (Decision No. 20-D-18 of the ADLC of 18 November 2020)   The French Competition Authority (‘’FCA’’) recently declared to be jurisdictionally incompetent to rule on abuses of dominance implemented in French Polynesia, stating that territorial independence prevailed, therefore competition

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Bouygues Telecom wins against SFR on fibre optic dispute

In a dispute settlement relating to SFR FTTH’s prices for the rental of fibre optic lines to French network operators, the French telecoms regulator (ARCEP) gave its opinion in favour of Bouygues Telecom.   Bouygues Telecom complained that the increase in co-financing and line rental rates were unjustified, and that the former line rental rates

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Case law overturned: refusal of approval in a selective distribution system, even when candidate fulfills selection criteria, is not a restrictive agreement neither a civil tort (including in qualitative selective distribution)

We are pleased to send you an important judgment from the distribution division of the Paris Court of Appeal, which has overturned the case law on refusals of authorization and is very favorable to the heads of selective distribution networks (I). The judgment also provides a welcome clarification on the scope of a recent position

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Update on the reform of the vertical restraints regulation – An overview of the Commission workshop of 14 and 15 November 2019

Here is an update on the reform of Vertical Restraints Block Exemption Regulation No 330/2010 and its guidelines which is currently being conducted by the Commission in consultation with various stakeholders throughout Europe. As you know, we responded to the public consultation launched by the Commission, and we were subsequently invited to attend the workshop

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Commercial negotiation – Paris Commercial Court imposes record fine of EUR 4 million on Amazon for significant imbalance in contractual terms.

Following a two-year investigation, the DGCCRF and the Minister of the Economy brought proceedings against the online sales giant Amazon for significant imbalance in its relations with “third party vendors”. The latter consist mainly of SMEs selling their products on the platform in competition with Amazon’s own products, making sales on the platforms amount to

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Vogel & Vogel wins key automotive case on selective distribution networks

The French Competition Authority (FCA) found that Korean car manufacturer, Hyundai did not fall foul of competition rules for having terminated or refused to reappoint three car garages as car repairers. The garages complained to the FCA for being excluded from Hyundai’s network of authorized garage repairers. The FCA found that the qualitative criteria established

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Vogel & Vogel secures victory in media pre-financing contracts case

The French Competition Authority (FCA) has ruled that priority and pre-emptive rights included in media pre-financing contracts have no cumulative foreclosure effect on the market of purchase of “French language catalogue films”. Canal Plus lodged a complaint against TF1, France Télévisions and Métropole Télévision for their inclusion of priority and preemption clauses in French-language film financing

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