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Clauses et pratiques restrictives de concurrence

Abstract : Generally, the law is careful to distinguish between the clauses, part of a legal act, and practices, that are legal facts. Yet, the law about restrictive competition practices seems to realise an assimilation of these two concepts, and provide the classification of a clause in restrictive competitive practice. The study analyses the classification of a clause into practice by proposing a criterion and pondering its effects: possible challenge clauses on the bases of the right of restrictive practices. By inviting a reflection on this aspect of the law of restrictive practices, it is also to question the aims of this particular law, as well as on the possibility of a better integration of the challenge clauses in a law about unfair trade practices between professionals in construction.
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Submitted on : Wednesday, January 25, 2017 - 2:46:05 PM
Last modification on : Tuesday, June 15, 2021 - 5:33:42 PM
Long-term archiving on: : Wednesday, April 26, 2017 - 3:10:00 PM


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  • HAL Id : tel-01445943, version 1



Aurelien Fortunato. Clauses et pratiques restrictives de concurrence. Droit. Université du Droit et de la Santé - Lille II, 2016. Français. ⟨NNT : 2016LIL20009⟩. ⟨tel-01445943⟩



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