Cookie preferences

This website uses cookies to improve your browsing experience and to better tailor the website to your preferences. Below you can indicate your cookie preferences:

Essential cookies are cookies that are necessary for the correct functioning of the website (e.g., to avoid overload on the website, keeping it functional and accessible). These cookies can be placed without your consent.

Functional cookies are cookies that are necessary to improve your browsing experience or to provide a functionality explicitly requested by you (e.g. remembering your settings). These cookies can also be placed without your consent.

Analytical cookies are cookies that collect information about how you use the website to improve search engine hits and the functioning of the website (e.g. we see how visitors move around the website when they are using it to ensure that visitors find what they are looking for easily). These cookies are only placed if you have given your consent.

For more information about cookies and the list of cookies used on this website, see our Cookie Statement.

Distribution Law Center Yearly Update on Verticals – The recordings and slides from the 10 October 2024 seminar are now available online. 


20 April 2023
0
French Competition Authority fines champagne maker and two wholesalers for import restrictions

On 8 March 2023, the French Competition Authority fined several Arvitis Group companies and two wholesale importers for violating the Lurel Act by maintaining exclusive import rights in French Guyana and Guadeloupe. The companies continued their exclusivity practices for several years after the Act was implemented, despite the prohibition of unjustified exclusive import agreements in overseas territories. The French Authority imposed fines totalling EUR 283,000 on the companies involved.
 

Prohibition on all exclusive import agreements since March 2013

Since 22 March 2013, the French Lurel Act prohibits agreements or concerted practices having as objective or effect to grant exclusive import rights in overseas territories. This prohibition, provided for in Article L.420-2-1 of the French Commercial Code, is intended to regulate overseas territories’ markets and preserve the purchasing power of overseas consumers, which is lower than in mainland France. As a result, it has given rise to various cases from the French Competition Authority.
 

Infringement

In its decision n°23-D-02, the French Competition Authority found that the companies involved violated the Lurel Act by stipulating exclusive import rights in their distribution contracts until 31 December 2013. Furthermore, the companies maintained exclusive import practices until the end of December 2016, even though they were not contractually bound to do so. According to the French Competition Authority, the Arvitis Group refused to sell its ‘Canard-Duchene’ products directly to potential buyers in French Guyana and Guadeloupe, instead redirecting them to its exclusive local importer.

The French Competition Authority considered these practices to be serious, as they continued for more than three years after the Lurel Act was implemented and forced retailers to buy from two wholesalers appointed by the Arvitis Group to the detriment of potential competing wholesale importers.


Save, download or share this article


Stay updated

Subscribe for free and get notified on the latest articles, documentation and publications.

More articles about France

SEE MORE

Comment on this article

Sign in to post comments

Subscribe for free and get notified on the latest articles, documentation and publications.

The DLC’s Legal notice applies. contrast BV will process your data in accordance with the Privacy notice.