Muriel Chagny

Université Versailles Saint-Quentin-en-Yvelines , Commission d’examen des pratiques commerciales (CEPC)
Fonctionnaire

Muriel Chagny is Law Professor at the Versailles Saint-Quentin-en-Yvelines University in France where she is director of the Contract and Competition Law Master’s. She teaches Competition Law, especially in link with contract and tort law or with new technologies, and also French and European contract law. She is mostly interested in interactions between competition law and civil law and made it the subject of her thesis (2002). She has published several articles and case notes on competition law. She is also one of the Director of the Business Law and New Technologies Lab (DANTE) of her University, where she organizes researches regarding European law, French law and Economics.

Linked authors

University Paris II Panthéon‑Assas
DGCCRF Bureau 3B
University of Corsica Pascal Paoli (Corte)
Université du Maine
Fidal (Paris)
Jones Day (Brussels)
Armand Associés (Le Mans)
Le Mans University (La France)

Articles

69982 Review

Muriel Chagny Private enforcement: The Paris Commercial Court rejects all claims of the distribution companies that have brought several dairy producers before the consular court (Provera / Lactalis)

227

There is no need to establish the anti-competitive practice; it must be proved that it is the direct cause of the damage for which compensation is sought! Decision after decision (see, for example, Paris ch. 5-4, 6 March 2019, RG no. 2014072974), it is confirmed that the causal link, a (...)

Muriel Chagny Compensation for damages: The French Supreme Court explains that compensation for damages can be assessed by taking into consideration the undue advantage granted to the author of an act of unfair competition (Cristal de Paris / Cristallerie de Montbronn)

189

While the reform of the ordinary law of civil liability has been slow to take shape at the legislative level, the judicial courts and, first and foremost, the Court of Cassation have not hesitated to make certain advances which contribute to the attractiveness of French law and the French legal (...)

Muriel Chagny Private enforcement: The French Supreme Court dismisses the appeal against the judgment granting an action for damages based on anti-competitive practices previously condemned by the French Competition Council (SNCF, Expedia)

245

Thejudgment of 29 January 2020 (No 17-15156)The decision of the Commercial Chamber of the Court of Cassation to dismiss the appeal brought by the French incumbent railway operator marks the epilogue of a case that is more than ten years old. In its decision of 5 February 2009, the French (...)

Muriel Chagny Compensation: Three French Courts welcome compensation actions brought after the European Commission and the Competition Authority have condemned cartels (Carrefour / Johnson & Johnson)

442

Who can still say that the French compensation litigation for anti-competitive practices has been reduced to a mere pittance? Three decisions respectively delivered by three different courts, the Tribunal de grande instance de Rennes, on 7 October 2019 (TGI Rennes, 2nd ch. civ., 7 October (...)

Muriel Chagny, Nicolas Guérin, Irène Luc, Stanislas Martin, Anne Wachsmann The settlement procedure: Which enforcement in France? (Rendez-Vous de l’Autorité - Paris, October 2nd, 2018)

416

Three years after the introduction of the settlement procedure into the tools available to the Competition Authority, the Authority was able to witness the success and the very strong development of this procedure, with companies increasingly soliciting its application. Before the adoption of (...)

Muriel Chagny Selective distribution: The Paris Court of Appeals follows the preliminary case law and admits the validity of the selective distribution network of luxury products (Coty)

135

Un arrêt Coty chasse l’autre… À vrai dire, l’arrêt Coty rendu, le 28 février 2018, par la Cour d’appel de Paris, plutôt que de chasser l’arrêt préjudiciel éponyme du 6 décembre 2017, s’inscrit dans son prolongement. La Cour de justice y avait répondu aux interrogations soulevées par une juridiction allemande (...)

Muriel Chagny Proof of the serious fault: The Paris High Court allows the reparation of the prejudice caused by practices that already resulted in a commitment decision of the French Competition Authority (Betclic / PMU)

322

There is no doubt that the judgment handed down on 22 February 2018 - The decision of the Paris Tribunal de Grande Instance (5e ch., 2e sect., RG n° 15/09129) - will be variously appreciated according to its readers: companies that have made, or are likely to make, the choice to enter into a (...)

Muriel Chagny Interim proceedings: The Paris court of appeal rules that invoking the rules on signficant imbalance may constitute a serious challenge that must be appreciated by a trial judge (Team Interim/Vinci)

187

There’s no doubt that thejudgment handed down by the Paris Court of Appeal on February 22, 2017, in a case opposing a temporary employment agency to a company claiming in summary proceedings before the Commercial Court of Nanterre, the payment of several invoices will hold the interest of (...)

Alain Gauvin, Irène Luc, Jean-Louis Fourgoux, Maurice Nussenbaum, Muriel Chagny What attractiveness of competition law at the date of reforms? (Competition’s interviews: New competitive opportunities before ordinary courts, October 18, 2016)

526

The third edition of “Entretiens de la concurrence”, focusing on the new economic and legal opportunities before ordinary courts, aimed to emphasise on the specific nature and assets of those jurisdictions in competition law. Having to implement competition law rules in a globalized economy, the (...)

Muriel Chagny Significant Imbalance: The Paris Commerce Tribunal rules several clauses of the standard term agreements of a major online hotel booking platform incompatible with the French Commercial Code and therefore void (Booking)

320

Who will say that the rule on significant imbalance and, more broadly, Article L. 442-6 of the Commercial Code, which apprehends (too many?) numerous practices restricting competition, hardly prosper outside of the relations between mass distribution and its suppliers? Certainly not the online (...)

Muriel Chagny Abrupt and abusive termination of commercial relations: The Paris Court of Appeal rejects a complaint for abusive termination and significant imbalance on that notice of the end of exclusivity had been given (Nadal/Agco)

150

The rule relating to the abrupt termination of established commercial relations is still undergoing legal developments, confirming decision after decision the success in litigation of Article L. 442-6-I-5° of the Commercial Code, introduced into French law by the Act of 1 July 1996. In a stop (...)

Muriel Chagny The economic dependence is back : Is there an abuse ?

848

A proposed parliamentary bill suggests a reworded version of the abuse of economic dependence in order to increase the effectiveness of this rule. The suggested changes, however, do not really convince. Beyond that, he question arises as to whether the time may not have come to reform French (...)

Muriel Chagny Draft bill for growth : The French National Assembly reexamines the draft bill for growth, activity and equality of economic chances which brings several changes to the French restrictive practices law

274

Barely more than a year after the Hamon Law of 17 March 2014 (see M. Chagny, "Le droit de la concurrence s’invite dans le droit de la consommation", RTD com. 2014, p. 67), the French legislature is preparing to amend, once again, French law on practices restricting competition. These not (...)

Muriel Chagny Internal rules : The Paris Court of appeals, after having recognized a significant imbalance, declares a term null and void and orders to amend consequently the internal rules (Radiophonie)

250

Over time and in the course of disputes, the contours of Article L. 442-6-I-2° of the Commercial Code have been clarified, which deals with "the fact of subjecting or attempting to subject a trading partner to obligations that create a significant imbalance in the rights and obligations of the (...)

Muriel Chagny Which reform(s) and adaptation(s) of the French law? Critical and and prospective approach in the light of the directive on damages for infringements of the competition law

1145

The Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union will request, two years after the date of its entry into force at the latest, transposition measures implying (...)

Muriel Chagny Intervention clause : The Paris Commercial Court decides not to apply the significant imbalance rule to declarations that cannot qualify as obligations and declares void a stipulation where two contractors agree to intervene in any proceeding or action filed by a third party (Galec)

151

Trib. com. Paris, 1st ch. A, 20 May 2014, RG n° 2013070793 Contractually deviating from the significant imbalance rule (n’) is (not) a significant imbalance. This is essentially the double lesson that emerges from the judgment handed down by the Paris Commercial Court on 20 May 2014, concerning (...)

Muriel Chagny Unfair termination: The Paris Court of Appeal rules on the determination of unique business relation and of required period notice in case of succession of contractors (Vivien Fret)

148

CA Paris, 13 February 2014, No. 12/09668, Vivien Fret c/ Poitou Boissons Although Article L. 442-6-I-5° of the Commercial Code clearly requires that the termination of an established commercial relationship must be effected by giving prior notice "taking into account the duration of the (...)

Muriel Chagny Civil fine: The French Supreme Court considers that a civil fine may be imposed to a company that merged another company having committed practices violating the article L. 442-6-I of the French code de commerce (Carrefour)

256

In the quest for effectiveness, the New Economic Regulations Act No. 2001-420 of 15 May 2001 conferred on the Minister of the Economy several new prerogatives designed, depending on the case, to enable him to act in the victim’s place (action for nullity, repetition and compensation) or to seek (...)

Muriel Chagny Burden of proof : The French Supreme Court recalls the principles applying to the burden of proof and to the judicial control of services (Les Jambons du Cotentin c/ Eurochan)

157

Once again, it was in a context of collective proceedings that finally led to the judicial liquidation of the supplier that the Court of Cassation had to rule on 24 September 2013, in a decision that, although not published in the Bulletin, is nonetheless worthy of interest. Even if the (...)

Muriel Chagny Sudden breach of commercial relationships: The Cour de cassation rules that a reciprocal abandonment of exclusivity, in accordance with the contract’s provisions, does not constitute a partial termination of the commercial relationship (Viti-Loire Babonneau/CNH France)

202

Rendered in the summer period, on July 9, 2013 to be exact, the ruling handed down by the Court of Cassation deserves to hold the attention of the reader, who is sometimes a little disoriented in the face of the abundance of litigation generated by Article L. 442-6-I-5° of the Commercial Code (...)

Muriel Chagny Significant imbalance: The Lyon Court of Appeal declares inapplicable Article L. 442-6 I-2 of the commercial code in the absence of pre-existing relationship (Eve Monier Fontaine/Locam)

393

If it were necessary to show that the specialisation of the courts called upon to apply Article L. 442-6 of the Commercial Code, instituted by the LME of 4 August 2008 and specified by the decree of 11 November 2009, is barely enforceable, the ruling handed down by the Lyon Court of Appeal on (...)

Muriel Chagny Action of the minister: The Court of cassation reiterates that the action of the minister of Economy is admissible but subject to the information of contracting parties (Angledis)

156

Cass. com, October 9, 2012, n° 11-19833, Angledis After the Constitutional Council in 2011 and the European Court of Human Rights in 2012, the controversial action brought against the Minister of the Economy by Article L. 442-6-III of the Commercial Code was once again referred to the Court of (...)

Muriel Chagny Sudden termination: The Paris Court of Appeal orders, at the request of a contracting party, the repayment of refunds collected in violation of Art. L. 442-6-I C. com. and awards damages for the injury caused by the sudden termination of the relationship (Coup de pâtes)

156

CA Paris, Pôle 5 - ch. 5, 04.10.12, no. 11-12684, TAF v. Coup de pâtes The head of a specialised distribution network had concluded tripartite contracts for a period of six months with a transport company, with which it negotiated on behalf and for the account of its suppliers the transport (...)

Muriel Chagny Sudden termination: The Paris Court of Appeal, after admitting the established nature of the relationship, sentences to damages for a sudden termination (Multimodal Transport Logistique et Service/Le Joint Français)

156

After entrusting a land transport company with the task of transporting its production to several European countries, a manufacturer of spare parts for the automotive industry, two years later, gradually reduced the volume of its orders and then ceased all relations seven months later. The (...)

Muriel Chagny Sudden termination: The Paris Court of Appeal condemns a provider for sudden termination and does not take into account contract breaches committed by the partner (Weldom/Wolseley France Bois et matériaux)

159

It is not uncommon for the perpetrator of a breach of contract sued by the rejected partner to plead one or more contractual breaches committed by the latter in order to contest having abruptly terminated, in contravention of Article L. 442-6-I-5° of the Commercial Code, the established (...)

Muriel Chagny Sudden termination: The Cour de cassation retains that a mediation clause, which concerns the end of a specific contract, does not apply to the breakdown of a relationship previously established (Eurochan/Panda Trade)

173

Cass. com. 12.06.12, Eurochan v. Panda Trade, No 11-18852 "The contract, nothing but the contract!" This could be summed up in the judgment of 12 June 2012 in which the Court of Cassation dismissed the appeal brought by a referral centre which, ordered to pay damages for the abrupt termination (...)

Muriel Chagny Disproportionate compensation: The Court of Appeal of Orleans declares admissible the action of the Minister of economy, but decides that he does not manage to prove a disproportionate compensation (Minister of the Economy/Carrefour)

244

After the judgment of cassation delivered by the Commercial Chamber on 27 April 2011 (Cass. com., 27 April 2011, No. 10-13690), we awaited with interest the solution adopted by the referring Court of Appeal in the dispute between a major retailer and the Minister for the Economy alleging that (...)

Muriel Chagny Sudden termination of commercial relationships: The Court of Cassation rules that Art. L. 442-6-I-5° does not apply to commercial agency (Établissements Boudier/Baron Philippe de Rothschild France distribution)

234

Special protection, degraded protection? This is how the consequences of the solution set out by the Commercial Chamber in its ruling of 3 April 2012, which is due to be published in the Bulletin des arrêts de la Cour de cassation, could be summarised. Following the termination of the (...)

Muriel Chagny Refusal to deal: The Paris Court of Appeal rules on the consequences of the repeal of the refusal to sell between professionals (Pharmacie Bourdeleix et Serrailler/Elco)

576

A pharmacist who had obtained, more than a year after his application and after taking legal action, the signature of a selective distribution contract with a manufacturer of dermo-cosmetic products had learned - less than a month after obtaining approval! - that the latter was terminating the (...)

Muriel Chagny Action of the minister of the economy – ECHR: The European Court of Human Rights rules that the action of the Minister of the Economy does not infringe article 6, § 1 ECHR (GALEC/France)

419

ECHR, 5th section, 17 January 2012, GALEC v. France, No. 51255/08 Does the ruling handed down by the European Court of Human Rights on 17 January 2012 mark the epilogue to the judicial saga of Article L. 442-6-III, paragraph 2 of the Commercial Code? As laconic as it is controversial, this (...)

Muriel Chagny Significant imbalance: The Versailles Court of Appeal rules that significant imbalance has to be appreciated in consideration of contractual relations (Dexxon Data Media/Fujifilm Recording Media)

455

Significant imbalance is not discrimination! This is essentially the major lesson that emerges from the decision handed down by the Versailles Court of Appeal on 27 October 2011 in a dispute between a wholesaler and a manufacturer of computer products. Shortly after the law on the modernisation (...)

Muriel Chagny Conformity with the Constitution – Minister Request : The French Constitutional Court rules that article L. 442-6-III C. com. respects rights and freedoms which are guaranteed by the Constitution, bud adds an interpretative reserve (Système U)

623

Cons. const. dec. no. 2010-126 QPC of May 13, 2011, System U Four months to the day after its decision affirming the conformity of the rule on significant imbalance with the principle of legality of crimes and penalties (Cons. const., dec. no. 2010-85, QPC of January 13, 2011, Établissements (...)

Muriel Chagny Commercial cooperation: The Nîmes Court of Appeal sanctions, at the Minister of the Economy request, payments without any compensation, in violation of artIcle L. 442-6-I-1° C. com. (Angledis)

839

Barely more than a year after a previous decision, currently under appeal to the Supreme Court of Appeal (Nîmes, 25 February 2010, Concurrences No. 4-2010, p. 146, obs. M. Chagny), the Nîmes Court of Appeal is once again called upon to rule, on the initiative of the Minister of the Economy, on (...)

Muriel Chagny Significant imbalance – Abuse of economic dependence: The Paris Court of Appeal admits the validity of contractual penalties in virtue of the former article relating to the abuse of economic dependence and also according to the new rule relating to the significant imbalance (France Logistique/La Poste Service)

1814

A few days after the decision of the Constitutional Council admitting that Article L. 442-6-I 2° of the Commercial Code, resulting from the law on the modernisation of the economy, respects the principle of legality of offences and penalties (Cons. constit. 13 January 2011, ConcurrencesNo. (...)

Dominique de Gramont, Jacqueline Riffault-Silk, Jean-Daniel Bretzner, Laurence Idot, Louis Martin, Marie-Hélène Huertas, Martine Behar-Touchais, Michel Ponsard, Muriel Chagny, Valérie Pironon, Yann Utzschneider Contractual practices and competition (Paris, October 25th 2010)

3384

This article reproduces the opening papers delivered at the AFEC conference on contractual practices and competition law in Paris on October 25, 2010. According to the Professor Chagny, the examination of the links between contractual practices and competition law lato sensu reveals (...)

Muriel Chagny Specialization - Temporal application: The Paris Court of Appeal rules that the service of a judgment rendered before the entry into force of the principle of specialized jurisdiction indicates validly that the appellant can lodge its appeal before a non-specialized court (Buro Com/Banque Accord)

977

Was it necessary to adopt, for Article L. 442-6 of the Commercial Code, the same measure of specialisation of jurisdictions as that previously adopted for the law on anti-competitive practices? Beyond the questions that this choice may raise in principle, it should be noted here that the (...)

Muriel Chagny Non-reaffiliation clause - Non-competition clause: The Court of Cassation distinguishes the non-competition clause and the non-reaffiliation clause thanks to their scope (Prodim)

1467

One arbitral award, two appeal decisions and two judgments of cassation: this is the latest in a long-running dispute that has been pitting a food distribution franchisor against franchisees who have terminated the contractual relationship before the end of the term for almost ten years, and (...)

Muriel Chagny Commercial Practices Commission: The Commercial Practices Commission takes a recommendation for products under distributor’s private label (Products under distributor’s private label)

1620

ECCP, Recommendation No. 10-01 of 3 June 2010 on the drawing up of private label contracts. While the activity of the Commission d’examen des pratiques commerciales has intensified over the years (see lastly, Annual Activity Report, Year 2009-2010), the adoption by the Commission of general (...)

Muriel Chagny Commercial cooperation: The Nîmes Court of Appeal sanctions, at the Minister of the Economics request, payments with a disproportionate compensation, in violation of Art. L. 442-6-I-1° C. com. The Court orders nullity, restitutions and a civil fine, after having excluded criminal principles (Carrefour France)

1671

CA Nîmes, 2nd ch. B, 25 February 2010, Minister of the Economy c/ SAS Carrefour France, RG 07/00606 Whereas the new article L. 442-6-I-2° C. Com. prohibiting significant imbalance focuses attention, pending the decisions to be taken following the assignments introduced on this basis by the (...)

Andrei Gurin, Catherine Brel, Jacqueline Riffault-Silk, Joseph Vogel, Laurence Idot, Marie Malaurie-Vignal, Muriel Chagny, Nicolas Guérin, Reine-Claude Mader Saussaye, Robert Saint-Esteben, Thibaud Vergé, Wilfried Guerrand Conference: Distribution on Internet and Antitrust (AFEC, Paris, 5 October 2009)

5487

Introductory remarks Laurence Idot Professor, Universtité Paris II, European College Director of the Scientific Committee of Concurrences 1. Mr President of the Commercial Court, Ladies and Gentlemen. Today is a first, and I am pleased about it. It is indeed the first time that an AFEC (...)

Muriel Chagny Violation of Art. L. 442-6-I-2° C. com.: The Lille Commercial Court sanctions, at the Minister of the Economics request, several payment clauses in violation of Art. L. 442-6-I-2° C. com. and orders the end of infringements and a civil fine (Castorama France)

2139

What application was the judicial judge going to make of the new Article L. 442-6-I-2° introduced into the Commercial Code by the Law on modernisation of the economy of 4 August 2008, with a view to reinforcing the arsenal of provisions designed to control possible abuses in business relations? (...)

Muriel Chagny Payment without counterpart: The Evry Commercial Court sanctions, at the Minister of Economy’s request, payments without any service in return or with a disproportionate compensation, in violation of Art. L. 442-6-I-1° C. com.; whereas the Court orders a civil fine of the maximum amount, it refuses to order nullity and restitutions taking into consideration the indivisibility of services and sale contracts (Carrefour)

2399

Article L. 442-6-I-2° a) C. Com. - which became, after renumbered by the LME, but without any change in wording, Article L. 442-6-I-1° - refers to the fact of "obtaining or attempting to obtain from a commercial partner any advantage whatsoever which does not correspond to any commercial service (...)

Dominique Thesmar, Gilbert Parleani, Jean-Bertrand Drummen, Jean-Louis Fourgoux, Laurence Idot, Martine Behar-Touchais, Muriel Chagny, Valérie Michel Amsellem, Yann Utzschneider Colloque: Restrictive trade practices under the LME Act (AFEC, Paris, 6th October 2008)

4836

Introductory remarks Laurence Idot Professor, Universtité Paris II, European College Director of the Scientific Committee of Concurrences Madam President, Ladies and Gentlemen, Dear friends, As the afternoon is busy, I will not go into the substance of the colloquium, but on behalf of AFEC (...)

Daniel Fasquelle, David Spector, Dominique de Gramont, Jean-Patrice de La Laurencie, Jérôme Bédier, Muriel Chagny «Chatel» Law: A new deal for producers & distributors - Some legal and economic points of view

10930

INTRODUCTORY WORDS Jean-Patrice DE LAURENCIE Counsel to the Court I. Brief presentation of the law 1. Law No. 2008-3 of 3 January 2008 "for the development of competition in the service of consumers’ (OJ of 4 January 2008, p. 258), already The Chatel law, known as the "Chatel law", has two (...)

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