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Les opérateurs économiques face à la réglementation de la revente à perte

Abstract : The resale at a loss is a restrictive practice of competition law prohibited by the article L. 442-2 of the French Commercial Code. In theory, sellers cannot resell their products lower than the break-even threshold. This prohibition was set up in the aim of fighting against low price practices that the large retailers could use and that would particularly affect the situation of small retailers and should allow the development of healthy and balanced commercial relations between the various forms of trade, but also between trade and industry. However, the implementation of this regulation, that the traders sometimes manage to circumvent, generates unwanted effects. Prices largely increased because of the practices implemented by the traders and the relationship between trade and industry is far from being balanced. Moreover, the power of the large distribution groups didn?t cease to increase, undermining traditional trade. In the aim of fighting against the rise of the prices level and considering that the regulations of the resale at a loss didn?t reach its goals in spite of numerous legislative modifications; it is legitimate to inquire if this system must not be reviewed and if the restrictions imposed to traders on the prices must not altogether be cancelled.
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Submitted on : Tuesday, April 24, 2018 - 4:17:17 PM
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Justine Grandmaire. Les opérateurs économiques face à la réglementation de la revente à perte. Droit. Université Nancy 2, 2008. Français. ⟨NNT : 2008NAN20012⟩. ⟨tel-01777308⟩



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