Report Hagelsteen – Supplier’s negotiable pricing
Hagelsteen thinktank rendered last week was released yesterday. It opens potential additional reform after Chatel Act and would aim at authorizing pricing differenciation depending on distributors. Purpose is to avoid negotiations of services which may incur disproportionate remuneration. Prohibition of non differenciation of sale conditions would be set aside for pricing, unless abusive behavior may be charaterize. Such prohibition would remain still for conditions of sales, as T&CS of sale are the « basis of commercial negotiation » pursuant to French law.
In consideration to such mechanism, distributors should be subject to strenghthened regulation concerning product range purchase agreements and penalties for late deliveries, when disproportionate.
Report also contemplates to deregulate rules applicable to retail shop installation or extension and to create specific local anti-trust regulation.
Frédéric Fournier, Partner