The Paris Court of Appeal dismisses separate follow-on damages claim by a director and a main shareholder of a company having already been granted compensation for the damage suffered further to anti-competitive practices

On December 3rd, 2021, the Paris Court of Appeal (the “Court”) confirmed a ruling by the Paris Commercial Court dismissing a damage claim brought by the former executive shareholder of Switch, a defunct online travel agency, against the national French railway company SNCF and online travel agency Expedia Inc. following a decision by the French Competition Authority (the “FCA”) finding the defendants had engaged in anti-competitive practices. The Court declared that the former executive shareholder’s claim was inadmissible for lack of legal standing, as the loss of value suffered by the shareholder does not constitute a separate actionable harm from the collective damage suffered by Switch, for which the later had already been compensated. The Court further found the former executive

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Authors

  • Gide Loyrette Nouel (Paris)
  • Gide Loyrette Nouel (Paris)

Quotation

Laura Castex, Gautier Aznar, The Paris Court of Appeal dismisses separate follow-on damages claim by a director and a main shareholder of a company having already been granted compensation for the damage suffered further to anti-competitive practices, 3 December 2021, e-Competitions December 2021, Art. N° 108212

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