The Athens Civil Court of Appeal dismisses an obligation to enter into a contract in the case of anticompetitive practices

Introduction Ruling No 6546/2011 of the Athens Civil Court of Appeal (Efeteio Athinon, hereafter: the Court) is of particular importance for the private enforcement of Greek and EU competition law since it clarifies the remedies available to the victims in case of anticompetitive practices. In the case of an alleged infringement of Art 101 TFEU and Arts 1 and 2 Act 703/1977 (Greek Act on the control of monopolies and oligopolies and on the protection of free competition [1] - Art 1 is the domestic equivalent of Art 101 TFEU; Art 2 is the domestic equivalent of Art 102 TFEU), the Court recognized a right to damages under the Greek rules on torts (Art 914 Civil Code et seq.); however, it rejected an obligation on the part of the infringing entity to enter into a contract with the

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Dimitrios-Panagiotis Tzakas, The Athens Civil Court of Appeal dismisses an obligation to enter into a contract in the case of anticompetitive practices, 1 December 2011, e-Competitions Bulletin December 2011, Art. N° 49217

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