Yes, yes. It is a common myth that competition law – or cartel law, as we know – applies only to companies with high market shares and large multinationals such as Google and Facebook. The need to qualify a contract, supposedly as a commercial agency, can arise in an international context, a situation that raises not only the question of the application of the qualification criteria, but also, perhaps even more delicately, that of their identification. A contract entitled (…) Any company or person involved in an anti-competitive agreement may, in principle, be fined for a violation of competition law. The client and the agent are therefore both exposed and must deal with the issue of a real agency with a competition law specialist. No market or company is too small to be subject to investigation and fines by competition authorities. 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; (…) The characterization of a contract as a commercial agency, the key to access to protection status under the 1991 Act, is the focus of our attention this month. In this case, a supplier and a distributor had entered into two contracts on the same day. The first, a commercial (…) For the purposes of article 101, paragraph 1, the agreement is referred to as an agency agreement where the representative does not support or assume any risk related to contracts concluded and/or negotiated on behalf of the contracting entity with respect to market-specific investments in this area of activity and other activities that the awarding entity is required to carry out in the same product market. However, risks associated with the provision of agency services in general, such as the risk that the representative`s income will depend on his or her success as an agent or general investments in premises or staff, are not essential to this assessment. For the purposes of section 101, paragraph 1, an agreement is therefore generally considered an agency agreement where ownership of property purchased or sold is not the responsibility of the agent; or the agent does not itself provide the contractual services and if the agent: The system of commercial agencies provided for in Articles L.

134-1 and following of the EC Treaty transposes the provisions of Directive 86/653/EEC of 18 December 1986 relating to the coordination of Member States` legislation relating to independent trade agents. Article 17, paragraph 3, of the directive, (…) It`s not true. Competition investigations are often initiated by a competitor, customer or supplier who files a complaint with the competition authority. There are several incentives for whistleblowers to challenge companies and individuals for potential violations of competition law. 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.