TITLE IV: Transparency, restrictive competition practices and other prohibited practices.

I.-Any person engaged in production, distribution or service activities, in the context of commercial negotiation, the conclusion or performance of a contract, is liable and obliged to compensate the damage caused: 1° Obtaining or attempting to obtain from the other party an advantage corresponding to no consideration or manifestly disproportionate to the value of the consideration given; 2° Subjecting or attempting to subject the other party to obligations creating a…

Ingages the liability of its author and obliges him to compensate the damage caused the fact, by any person engaged in activities of production, distribution or services to participate directly or indirectly in the violation of the prohibition on resale outside the network made to the distributor bound by a selective or exclusive distribution agreement exempted under the applicable rules of competition law.

Clauses or contracts providing for any person carrying out production, distribution or service activities the possibility: a) To benefit retroactively from discounts, rebates or commercial cooperation agreements; b) To benefit automatically from more favourable conditions granted to competing undertakings by the co-contractor; c) To prohibit the co-contractor from assigning to third parties claims that it holds on it.

I.-For the application of articles L. 442-1, L. 442-2, L. 442-3, L. 442-7 and L. 442-8, the action is brought before the competent civil or commercial court by any person proving an interest, by the public prosecutor, by the minister responsible for the economy or by the chairman of the Competition Authority when the latter finds, in connection with cases falling within its jurisdiction, a practice mentioned in the aforementioned…

I.-Any trader who resells or advertises the resale of a product in its unaltered state at a price lower than its actual purchase price is liable to a fine of €75,000. This fine may be increased to half the advertising costs if an advertisement, regardless of the medium, mentions a price lower than the actual purchase price. The cessation of the advertising may be ordered under the conditions set out…

It is punishable by a fine of €15,000 for any person to impose, directly or indirectly, a minimum on the resale price of a product or good, the price of a service or a trading margin. .

A buyer of agricultural products or foodstuffs who allows his supplier to charge an unfairly low transfer price incurs liability and is obliged to compensate the damage caused. To characterise an unfairly low transfer price, account is taken in particular of the production cost indicators mentioned in articles L. 631-24, L. 631-24-1, L. 631-24-3 and L. 632-2-1 of the French Rural and Maritime Fishing Code or, where applicable, any other…