French Commercial code
In forceA price offer or practice of selling prices to consumers that are unreasonably low in relation to production, processing and marketing costs is prohibited where the purpose of such an offer or practice is, or may be, to eliminate an undertaking or one of its products from a market or prevent access to a market.
In Guadeloupe, French Guiana, Martinique, Réunion and the Department of Mayotte, when foodstuffs identical or similar to those produced and marketed locally are offered to consumers at prices that are clearly lower than those charged in mainland France, the conclusion of an agreement between those involved in import and distribution, on the one hand, and those involved in local production and processing, on the other, may be made compulsory by the State representative in the territory. This takes into account the volumes of products concerned, the economic situation of local producers and the interests of consumers on very low incomes. This agreement, which is negotiated under the aegis of the State and the local authorities responsible for economic development, must mention the ongoing operations carried out by retailers to offer consumers locally produced foodstuffs, as well as the policy carried out by local producers to best meet consumer needs. The agreement is made public by order of the prefect. In the absence of an agreement within ten working days of the start of negotiations, the State representative in the territory shall take any measures falling within his or her remit to meet the aforementioned objectives by order.
Marketing costs shall also imperatively include all costs resulting from legal and regulatory obligations relating to product safety.
The first and third paragraphs of this article shall not apply in the event of resale as is, with the exception of sound recordings reproduced on physical carriers and videograms intended for the private use of the public.
