LEGAL FRAMEWORK
Antitrust law
1 What are the legal sources that set out the antitrust
law applicable to vertical restraints?
Rules applicable to vertical restraints are set out under
article L420-1 et seq of the French Commercial Code. EU antitrust
law (ie, article 101 of the Treaty on the Functioning of the
European Union) may also apply to vertical restraints if they
restrict competition within the common market and may affect trade
between the EU member states
Under French law, article L420-1 of the French Commercial Code
prohibits concerted practices, contracts, explicit or tacit
agreements or coalitions between independent companies having as
their object or effect the prevention, restriction or distortion of
competition on the market, including in vertical agreements.
Vertical restrictions of competition may benefit from an individual
exemption if the conditions set out under article L420-4 of the
French Commercial Code are met. Paragraph 2, article
