2024-02-15 12:04:02
The Competition Authority has imposed a fine of 4.07 million euros on the French chocolatier De Neuville – and its parent company, Savencia –, present in 120 countries, for having restricted the commercial freedom of its franchisees, a- she said on Thursday February 15.
Following an investigation report sent by the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF), “the Competition Authority sanctions the De Neuville company for having implemented practices aimed at restricting, on the one hand, the online sale of De Neuville brand chocolates by its franchisees and, on the other hand, the sales of the latter to professional customers »noted in a press release the competition policeman.
Between 2006 and 2014, the Authority notes that the franchise contracts entered into by De Neuville explicitly prohibited franchisees “mail order or Internet sales”. This clause then appeared until 2019 in an annex to the franchise contracts.
The commercial freedom of franchisees, in particular relating to operations to canvass new professional customers, was also very strictly regulated by De Neuville between 2006 and 2022. “Franchisees had to first approach professional customers located in their own catchment area”notes the Authority, adding: “They could only prospect other territorial areas when the contractually allocated catchment area was fully prospected. »
“Taking into account the duration of the practices” – thirteen years for restrictions on online sales and sixteen years for the limitation of the commercial freedom of franchisees – “and the membership of the De Neuville company to a group, the Authority sanctions the De Neuville company, jointly with its parent company, Savencia, with a fine of 4.068 million euros”concludes the independent organization.
Major player in the distribution of chocolates in France
With 154 points of sale listed by the competition watchdog in February 2022, 90% operated by franchisees, De Neuville is the third specialized chocolate distribution network in France and the first French franchise chocolate network.
Although substantial, the fine imposed on De Neuville and Savencia on Thursday is significantly lower than that imposed on the luxury watch manufacturer Rolex in December (91.6 million euros), also accused of having banned online sales. of its products for more than ten years.
However, the Competition Authority announced a similar fine in December concerning the Mariage Frères group, one of the main producers and sellers of high-end teas in France, imposing a financial penalty of 4 million euros for practices agreement in the luxury tea sector. She felt that the group had “impeded, for nearly fifteen years, the commercial freedom of its distributors by prohibiting them, on the one hand, from selling its brand’s products online and, on the other hand, from reselling its products to other resellers” .
Savencia is an international, family-owned food group, present in 120 countries with cheese brands such as Caprice des Dieux, Saint Albray or St-Môret in France, Géramont or Milkana in Germany, Rogue Creamery in the United States or Polenghi in Brazil, owner also from the Valrhona chocolate factory, which employs more than 25,000 people and has an annual turnover of 7.2 billion euros, specifies its website.
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