Rafael P. Amaro

After the recent judgment Google Play the present judgment of the French Supreme Court (n° 19.22-242) published on May 11, 2022 deals again with the delicate issue of the proof of the submission of the significant imbalance within the meaning of Article L. 442-1, I, 2° of the French Commercial (...)

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The last months are marked by two important judgments of the Court of Justice, one on international jurisdiction (Volvo case), the other on the liability of the subsidiary for infringements committed by its parent company (Sumal case). A series of judgments on the conflict of laws in time (...)

Compensation for damages caused by the dairy products cartel - commentary on the Cora judgment (CA Paris, ch. 5-4, 24 Nov. 2021). Whatever the reservations that critics may have about certain passages of the reported judgment, the density of its reasoning makes it possible to measure the (...)

The period under review confirms, as in the previous period, the growth of litigation before the administrative courts. It also confirms the importance of certain recurring issues, such as the statute of limitations, international jurisdiction, and compensation for the prejudicial effect of (...)

The integration of public interest considerations is not only desirable, but possible because of the permeability of the competition rules to the reception of well-being by the competitive parameters of quality, choice and innovation in addition to that of price. The scope for progress depends (...)

The period reviewed in this chronicle confirms three key trends, already highlighted in our previous chronicles. Firstly, private enforcement litigation is diversifying. Secondly, private enforcement claims are more and more internationalizing in the course of claims raising questions of (...)

This new period is less rich in “big” decisions than the previous one, which had no less than three judgments from the Court of Justice of the European Union, but it is marked by several atypical decisions that may announce a diversification of litigation. Recurring questions also continue to (...)

This period is full of judgments from the Court of Justice of the European Union, which reveals, in hollow, some shortcomings of the 2014/104/EU Directive. In addition, the usual issues are front and centre: extinguishing prescription, problems related to the specialisation of internal (...)

The commented decisions indicate the recurrent nature of procedural questions, especially those pertinent to national and international competence. Other decisions confirm the ever-growing litigation about compensation applying to the administrative court as well as the importance of the harm (...)

The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It is still a varied litigation between businesses. In follow-on litigations, claimants experience some recurring problems regarding prescription and passing on defence. In (...)

The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It involves mostly businesses. However, the cases brougth to French courts are less homogeneous than those of the previous periods. Concerning the legal issues dealt by (...)

After a legislative process that lasted nearly twelve years, the epilogue has just been written: the directive 2014/104/EU is finally transposed into French law! The transposition provisions were inserted in a new Title VIII of Book IV of the Commercial Code. This title was created by the two (...)

The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It is still a varied litigation between businesses. In follow-on litigations, claimants experience some recurring problems regarding prescription and passing on defence. In (...)

The most significant news in the past few months is the circulation in the very first days of September of two draft texts transposing Directive 2014/104/EU (an “ordonnance” and a “décret”). These drafts were provided for review by the department of the Minister of Justice in charge of civil (...)

In a judgment of the 7th of January 2011, the French Supreme Court (Cour de cassation) adopted a broad approach of the loyalty principle when applied to the administration of evidence in anti‐competitive practices trials before the French National Competition Authority (Autorité de la (...)

For its first edition, this six-monthly review presents and comments a selection of decisions issued in 2015 by French courts, mostly lower courts, concerning tort litigation based on a breach to French and EU antitrust law. It appears that this litigation only involves business disputes for (...)

The directive on actions for damages for infringements of the competition law has been published on 26 november 2014. This On Topic aims to show the principal issues that arise from the expected implementation of the directive on national laws. Presentation ---- Anne-Sophie Choné-Grimaldi (...)

16th April 2014, The European Parliament adopted the Proposal for a Directive of 11th June 2013 on certain rules governing actions for damages for infringements of the competition law provisions (one of the private enforcement components). The text bodes for the long-awaited developement of (...)

This paper adresses the question of interim measures proceedings in French courts. Litigation data indicate that interim measures provide the victims of cartels and abuse of dominance an interesting option to seek relief. In the cases reported, jurisdictions grant the plaintiffs injunctions to (...)