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 (…) However, if the agent is deemed to bear a significant financial or commercial risk that goes beyond the inherent variable nature of income, the Agency is not considered to be genuine from a competition law perspective. This means that price control by the client, which are not the recommended prices, is generally illegal and subject to severe penalties. In addition, restrictions on a non-real agent that the agent may target may also be illegal due to a number of different circumstances. It is important to point out that an agency agreement, even if it falls within the scope of the Trade Officers Act of the Member State concerned, still cannot fall within the scope of what is considered a genuine agency under competition law. Similarly, what the agent and the client formally call their agreement does not matter for evaluation – z.B. the title of the agreement is “genuine agency agreement”.” The contract with commercial agencies is definitely at the heart of this quarter`s case law. Qualification conditions and issues (see ECJ June 4, 2020 V. in advance: N.F.) should not obscure the importance of the issues that normally arise in the course of their execution. A decision of the Court of Justice (…) A commercial agency contract is a contract of common interest that is subject to a duty of bilateral loyalty (Com.C. art.
L. 134-4). If the client does not comply with this obligation, he can attribute the violation initiated by the agent and, therefore, the (…) 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 awarding 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. On the occasion of a merger, Econocom, the client, and proposed by its commercial agent, SD Lease, the conclusion of a new agency contract modifying the basis and rate of its commissions – the rate of 6% of turnover is replaced by 9% of the gross margin – and includes a (…) 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. On the contrary, if the representative does not take specific risks to the contract, it will be necessary to continue the analysis by assessing the risks associated with market-specific investments. If the representative is not faced with contract-specific risks and risks related to market-specific facilities, it may be necessary to take into account the risks associated with other necessary activities in the same product market. © European Commission The systemic trade agency covered by Article L.