COMPETITION • FRENCH LAW • RESTRICTIVE AGREEMENTS
Trading partners in an identical situation for similar services must be treated in the same way. Discriminatory treatment of economic operators competing in the same market is likely to hinder the setting of prices by free market forces within the meaning of Article L. 420-1 of the Commercial Code. Thus, the application by a collecting society of an agreement that leads to discrimination in the setting of the amount of a royalty, to undertakings operating on the same market, constitutes a prohibited agreement. However, discriminatory terms and conditions are covered by Regulation No 330/2010 when the supplier holds less than 30% of the market share.
