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The temporal delimitation in French law of the application of the non-passing on presumption initiated by the European directive

The temporal delimitation in French law of the application of the non-passing on presumption initiated by the European directive

Resume: In a recent decision (Cass. Com., October 19, 2022, No. 21-19.197), the Court of Cassation ruled on the litigation concerning the application of Directive No. 2014/104 in the context of follow-on actions brought before French courts. The dispute involved a...
Landmark Decision in French Private Enforcement of Competition Law: Clarifying Anticompetitive Damage

Landmark Decision in French Private Enforcement of Competition Law: Clarifying Anticompetitive Damage

Resume: The recent Cour de cassation decision (Cass. Com., June 7, 2023, n°22-10.545, 2 11.099, 22-11.100, B) highlights the evolving focus on harm in private enforcement cases. The case addresses the existence of damage, recognition of the umbrella effect, and...
Continuation of commercial relations: effects of a transfer of assets and judicial control over the length of the notice period

Continuation of commercial relations: effects of a transfer of assets and judicial control over the length of the notice period

Resume: According to the Cour de cassation, when the new owner of a company’s activity breaks off its relationship with a partner who was already working with the company, this previous relationship does not count for the calculation of the notice period in the...
Application of the former Continental Can case law: the return of ex-post control of mergers involving abuse of a dominant position

Application of the former Continental Can case law: the return of ex-post control of mergers involving abuse of a dominant position

Resume: In a ruling handed down on March, 16, 2023, the Court of Justice of the European Union applied its earlier Continental Can case law to a reference for a preliminary ruling, stating that a competition authority may review an ex post merger for abuse of a...
Meta’s commitment issues, a focus in the online advertisement industry

Meta’s commitment issues, a focus in the online advertisement industry

Resume: On June 16th, 2022, the French Competition Authority accepted the remedies offered by Meta regarding exclusionary conducts the undertaking had had in the online Display advertisement sector. The Authority had expressed competition concerns in its preliminary...
The tricky demonstration of the excessive nature of prices implemented by a de facto monopoly company

The tricky demonstration of the excessive nature of prices implemented by a de facto monopoly company

Resume: In its decision of July 7, 2021 n° 19-25.586 and n°19-25.602, the commercial chamber of the Court of Cassation ruled on the assessment of the excessive nature of the prices implemented by an undertaking in a dominant position. In doing so, the Court confirmed...
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