COMPETITION • FRENCH LAW • PRICE TRANSPARENCY
Commercial cooperation services, set out in Article L. 441-3 (formerly Article L. 441-7) of the Commercial Code, which are also referred to as “services conducive to marketing” are those services which are not covered by the buying and selling obligations rendered by the distributor to the supplier on the occasion of the resale of its products or services to consumers or with a view to their resale to professionals. This includes services which are not generally carried out by the distributor in the normal course of its duties, such as product or service promotion (product displays or point-of-sale advertising). The written commercial agreement must specify the conditions for their implementation and their remuneration, which cannot be manifestly disproportionate.
