The Paris Court of Appeal issues a ruling which affirms that clauses excluding the payment of follow-on damages must be drafted in clear and precise terms (IQVIA IMS Health / EURIS Health Digital Solution)

On 8 December 2021, the Paris Court of Appeal [1] ('the Court') issued an insightful judgment regarding the issue of follow-on actions damages [2]. The sanction of an anti-competitive practice and the exclusionary clause In its decision dated 8 July 2014 [3], the French Competition Authority ('the FCA') sanctioned the company CEDEGIM ('CEGEDIM') for an abuse of dominant position consisting of the refusal to sell its medical information database OneKey to certain pharmaceutical laboratories using the software of the company EURIS ('EURIS'). The FCA imposed a fine of approximately EUR 5.7 million on CEGEDIM. By a partial assets contribution agreement ('the TAPA') subject to the demergers regime dated 18 December 2014, CEGEDIM

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  • Simmons & Simmons (Paris)
  • Simmons & Simmons (Paris)

Quotation

Ombline Ancelin, Julien Aubry, The Paris Court of Appeal issues a ruling which affirms that clauses excluding the payment of follow-on damages must be drafted in clear and precise terms (IQVIA IMS Health / EURIS Health Digital Solution), 8 December 2021, e-Competitions December 2021, Art. N° 108213

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