On 9 March 2022, the AFEC (French Association for the Study of Competition) organised a conference on the theme ‘Significant imbalance and pricing: different perspectives’.
Maurice NUSSENBAUM co-chaired the conference alongside Diego DE LAMMERVILLE (partner at Clifford Chance Paris).
The debate was moderated by Muriel CHAGNY, Director of the M2 Competition and Contracts programme (UVSQ – Paris Saclay) and President of the AFEC.
When applied to imbalances between businesses, the tools used to ensure the contractual balance is maintained reveal the existence of an objective assessment of the balance expected from the contract, driven both by the desire to protect the weaker party and by the aim of promoting a certain vision of the economy and trade. In this respect, the law on restrictive practices presents itself as an integrative discipline that makes it possible to combine the protection of the weaker party with the protection of the market.
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