Week of 22 to 28 June 2026
The boundary between unfair commercial practices and unfair competition — Cass. com., 24 June 2026, No. 24-16.770 (published in the Bulletin) — Only a practice directly connected to the promotion or sale of a trader’s own products to consumers falls within unfair commercial practices under Directive 2005/29/EC; business-to-business practices remain excluded.
Scope of commitment decisions by the Competition Authority — Cass. com., 24 June 2026, No. 25-14.358 — A decision by which the Competition Authority accepts commitments does not establish any anti-competitive practice and therefore cannot support a claim for compensation for competitive harm.
Contractual force majeure — Cass. com., 24 June 2026, No. 24-21.626 (Stanley Black & Decker v. MGS) — A clause contractually defining force majeure does not relieve the court of the duty to verify that the legal conditions for force majeure are met before upholding a termination without notice.
Distribution exclusivity and corporate groups — Cass. com., 24 June 2026, No. 24-22.385 (CIS bio v. Radmed) — A supplier bound by an exclusivity obligation must ensure that its subsidiaries comply with it, without thereby automatically becoming a guarantor of their breaches.
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