Even in the presence of clear acts of unfair competition, judges cannot issue a general prohibition on carrying out an activity. The sanction must be strictly proportionate and limited to the established unfair or parasitic conduct. In censuring an overly broad prohibition on the marketing of agricultural GPS interfaces, the Court of Cassation forcefully reiterates […]
Category Archives: COMMERCIAL / COMPETITION
COMMERCIAL / COMPETITION
A call for boycott by a professional association may constitute anti-competitive practice.
02
Dec
Dec
A professional association that issues recommendations to its members may become a market player and therefore be subject to competition law. When a professional body invites its members to adopt a certain behaviour towards a market player, such as a call not to work with certain databases, it may be sanctioned for anti-competitive practices. Court […]
COMMERCIAL / COMPETITION
Commercial Lease: Rent uncapping requires only a potential to favor the tenant’s business
19
Sep
Sep
A significant change in local commercial factors justifies setting aside rent capping as long as it is likely to have a favorable impact on the tenant’s business activity, without the need to demonstrate an actual, measurable effect on the business carried out. Court of Cassation, 3rd Civil Chamber, September 18, 2025, Appeal No. 24-13.288 The […]