By judgment dated January 20, 2011[1], the Court of Justice of the European Union (“CJEU”) further extended the scope of the so-called “decisive influence” presumption. This notion is essential to determine who is liable in case of infringements of EU competition and antitrust rules by a company that is a member of a group of […]
In preamble, it should be recalled that pursuant to Article L. 134-12 of the French Commercial Code the payment of severance indemnities to a commercial agent following the termination of the contractual relationship between the commercial agent and his principal aims at compensating the agent for the future commissions lost on the business transacted with […]
In many aspects, the year 2010 has been the year of the modernization of EU competition and antitrust rules. Indeed, in the wake of the adoption of new rules on vertical cooperation agreements[1] and on certain categories of industry-specific agreements[2], two additional horizontal agreements block exemption regulations (“New Regulations”) were adopted on December 14, 2010[3], […]
According to a case-law principle established by the Commercial Chamber of the Cour de Cassation (French Supreme Court of hereinafter “FSC”), a party that suddenly terminates, even partially, an established commercial relationship without prior written notice commensurate with the duration of the business relationship and consistent with the minimum notice period determined by the multi-sector […]
The Commercial Chamber of the Cour de Cassation (French Supreme Court) ruled on several occasions that a claim for termination of an established business relationship[1] is a tort action, regardless of whether the business relationship was based on a series of contracts[2], on a single contract that has been terminated[3], or whether the termination resulted […]
The Law no. 2007-776 of August 4, 2008 on the Modernization of the Economy (called the “LME Law”) created the Autorité de la concurrence or the French Competition Authority (the “FCA”)
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