Firstly, Article L. 420-1 of the Commercial Code is applicable, which prohibits express or tacit agreements and concerted practices which have as their object or may have the effect of preventing, restricting or distorting gambling. competition.
Secondly, Articles 101 and 101§3 of the Treaty on the Functioning of the European Union are also applicable when vertical agreements restrict competition on the internal market or a substantial part of this market and affect trade between Member States.
Article L. 420-4 of the Commercial Code provides for the specific conditions under which an agreement considered anti-competitive pursuant to Article L. 420-1 of the Commercial Code may benefit from an exemption in accordance with Article L 420-4 of the Commercial Code (see question 5). Specific regulations may exempt certain types of agreements. In addition, an anti-competitive practice may be exempted if the undertakings concerned are able to demonstrate (i) that the agreement contributes to economic progress, (ii) that the end user benefits from it and that (iii) competition for a substantial part of the products or services concerned is not eliminated. Finally, the restrictions of competition must be limited to what is strictly essential for the implementation of the agreement in a context of economic progress.