The Standard Of Proof For Vertical Agreements In French Case Law

Mondaq Business BriefingFrance Law Articles in English (2009)

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The Standard Of Proof For Vertical Agreements In French Case Law

Historically, competition authorities started to apprehend

vertical anticompetitive agreements after horizontal

anti-competitive agreements. After a period of systematic

sentencing, practices evolved and some competition authorities even

abandon the prohibition per se of resale price fixing, in

the context of vertical anticompetitive agreements, in favour of

the "rule of reason". However, recent French case law

shows that the Competition Council has a more restrictive analyis

for the ev...

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