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The Court of Appeal of Paris on the basis of an expert report condemns jointly and severally two firms to compensate the prejudice they caused for their anti-competitive practice
Resume: After the European Commission fined companies for a cartel on animal feed phosphates in 2010 including Timab and CFPR companies, a follow-on action has been brought by the Doux Aliments companies before the French courts in order to be compensated for the...
Price fixing and prohibition of online sales: French competition authority fines companies in the sunglasses and eyewear sector
Resume: On July 22, 2021, after a long year of proceedings, the French Competition Authority heavily fined several companies involved in the sunglasses and eyewear sector, and in particular Luxottica, for restricting the pricing freedom of their official distributors,...
The ‘Dutch clause’ of EUMR – An Overview
Resume: Article 22 of the EU Merger Regulation allows EU member states to ask the Commission to examine a concentration not meeting the EU thresholds. Especially in the light of the Commission’s recent switch to expansive interpretation and use of the said Article 22,...
The appreciable effect on trade between Member states reframed by the highest French court
Resume: The significant effect on trade between member states is not only the result of effects that have already been observed. It can also be characterized on the basis of a set of indicators of which the ratio between overall sales and national sales is only one...
The french yogurt cartel : Cass. com 24 juin 2020 Andros et Cie n°17-20177
Resume: By a decision of March 11, 2015, the “Autorité de la concurrence” established that producers of dairy products, including the company Novandie and its parent company, the company Andros et Cie, had breached the provisions of Articles 101 of the Treaty on the...
The refusal of the French courts to accept immediate appeals against decisions of the competition authority rejecting proposed commitments. (Paris Court of Appeal ruling of 21 April 2022)
Resume: The PlayStation face controller case dealt with by the French Competition Authority could only have been dealt with in the traditional way without the intervention of the courts. However, the procedural aspects of competition law can still sometimes leave some...
Will the DMA trigger competition in the Digital Advertising Market?
----------------------------------------------------------------------------------------------------------------------------------------------------------- Summary: This paper considers one of the recent regulatory developments in the EU, the DMA and analyses the...
The Paris Court of Appeal declares itself incompetent to judge a dispute concerning the communication made by the French Competition Authority on one of its decision
Resume: The decision delivered by the Paris Court of Appeal on May 12, 2021 follow the decision of the French Competition Authority (FCA) dated Septembre 9, 2020 (No. 20-D-11). The dispute arose from the communication of this decision by the FCA. Indeed, the company...
One for all, and all for one! The Sumal decision specifies the scope of the notion of undertaking to facilitate private actions
This paper was first published in French in: Contrats Concurrence Consommation, December 2021, no 12, comm. 186....
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