The definition of an agency agreement for the application of section 101 is based on the financial or commercial risk that the agent bears with respect to the activities for which he was designated as an agent by the adjudicator authority (see judgments in T-325/01 of September 15, 2005, Daimler Chrysler/Commission); Case C-217/05, 14 December 2006, Confederacion Espanola de Empresarios de Estaciones de Servicio/Cepsa and Case C-279/06, 11 September 2008, CEPSA Estaciones de Servicio SA v. LV Tobar e Hijos.SL. In this regard, it is not essential for the assessment to know whether the agent is acting for one or more large obligations. Nor does this assessment matter in terms of the assent of the parties or the national legislation. The contract for a valid consideration entitles the compensation officer; The common interest contract results in compensation to the sales agent if his relationship with the client ceases. It is with these two aspects of the status of (…) A sub-contract is a contract whose purpose is fully or partially in accordance with the performance of a principal contract. This often occurs in service contracts and, in particular, in commercial agency contracts. In this case, the sub-agent is nothing more than a sales agent (…) Discussions on agency agreements have long focused on the distinction between “real” and “non-true” and who bears the risks between the client and the agent. Given that the literature on this distinction is widespread, the current article will focus on providing an overview of recent cases in which award-winning entities and/or agents have been held responsible for anti-competitive behaviour under Section 101, paragraphs 1 or 102, of the R and; D, especially when agreements facilitate agreements or price controls.
In such cases, the entity`s liability for the conduct of its agent is particularly at stake. Transparency and loyalty are the characteristics of the relationship between the client and the sales agent. In any case, that is how the regulation of the agency contract provides for things, as is the case with the article. L. 134-4, paragraph 2, of the Code of Commerce means that “the relationship between the (…) Despite a relatively classic legal situation in the field of the commercial agency, a decision of the Court of Appeal of Lyon of 6 June 2019 is worth mentioning. The question is how to calculate the amount of compensation instead of a termination (Article L. 134-11 (…) The salesperson must control the behaviour of his own salespeople. This is the main lesson that can be learned from the judgment under comment. Company N, whose objective is the marketing of dietary supplements, uses the exclusive services of company C as part of a commercial agency contract in 2006; (…) This list is not exhaustive. However, if the representative is responsible for one or more of the above risks or costs, the agreement between the representative and the client is not referred to as an agency agreement. The issue of risk should be assessed on a case-by-case basis and not on the basis of the economic reality of the situation and not on the legal form.
For practical reasons, risk analysis can begin with the assessment of contract-specific risks. If the agent presents specific risks to the contract, it is sufficient to conclude that the agent is an independent distributor.