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Restrictive competition practices: the Cour de cassation opens up a new shortcut for judicial price control
Resume: The Cour de cassation clarifies the application of article L. 442-6, I, 1° of the commercial code to the price reduction obtained from a commercial partner and confirms the application of the law on restrictive competition practices to subcontracting...
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...
Claire Cizeron Master’s thesis: The application of competition rules in the audiovisual communication sector
To quote this resource: Claire CIZERON, "The application of competition rules in the audiovisual communication sector", Competition Forum - Resources, 2023, n° 0013, https://competition-forum.com Abstract The application of competition rules in the...
Master’s thesis: Consumer Sovereignty in Competition Law
To quote this resource: Clémentine MATHON, "Consumer Sovereignty in Competition Law", Competition Forum - Resources, 2023, n° 0012, https://competition-forum.com Abstract The era of digitization and increasing international flows has long been a source of concern...
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...
Master’s thesis: Killer Acquisitions in Digital Markets
To quote this resource: Angeline HUMEAU-PAYET, "Killer Acquisitions in Digital Markets", Competition Forum - Resources, 2023, n° 0011, https://competition-forum.com Abstract Killer acquisitions in the digital field have attracted increasing attention because...
Master’s thesis: “The application of the new regulation on vertical restraints to franchising agreements”
To quote this paper: M. LEAUTAUD, “The application of the new regulation on vertical restraints to franchising agreements”, Competition Forum - Resources, 2023, n° 0010, https://competition-forum.com.Abstract. In the realm of competition law, a delicate balance...
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
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...
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