The French Supreme Court adjusts its interpretation of the effect on trade concept contained in Art. 101 and 102 TFEU (Orange Caraïbe)

I. Introduction 1.Less than a year after its controversial holding in Jet Fuel Cartel [1], the French Supreme Court (Cour de cassation), in a judgment delivered 31 January 2012 [2], decided to adjust, without fully abandoning, its previous view on the appreciable affectation of trade between Member States, arguably in order to bring it closer to the interpretation set forth by the EU judicature and the Commission in its Guidelines clarifying that jurisdictional concept (‘the Guidelines’) [3]. In so doing, however, particularly given the rather exceptional facts of the case, the ruling seems to reveal some inadequacies or deficiencies in the current state of EU law that might need further attention. 2.The Supreme Court reversed and remanded for further hearing one of the most

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  • University Paris Dauphine

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Anton Dinev, The French Supreme Court adjusts its interpretation of the effect on trade concept contained in Art. 101 and 102 TFEU (Orange Caraïbe), 31 January 2012, e-Competitions January 2012, Art. N° 46285

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