cts
COMPETITION • FRENCH LAW • RESTRICTIVE PRACTICES
The concept of an established commercial relationship, which is an economic rather than a legal concept, may include a succession of fixed-term contracts, even if in this type of agreement, the end of the term is known in advance. While the conclusion of a single contract, even if long-term, is not sufficient to form an established relationship, this is not the case when the partners regularly renew one-off contracts over a period of several years. The absence of a framework contract, exclusivity or turnover guarantee is not enough to make the relationship resulting from a series of independent contracts precarious. On the other hand, the stipulation of a term which excludes any tacit renewal and requires the signing of an amendment several months before the expiry date or the reaching of an agreement on rates for the coming year could produce such an effect, provided that the contracts are not systematically renewed.
