The French Supreme Court rules on the criminal rules governing the limitation period in an abuse of dominant position case (SNF / Cytec Industries)

Few decisions are grounded on Article L. 420-6 of the French Commercial Code (hereinafter “FCC”). The latter organizes the sanctions applicable to the infraction constituted by the malevolent, personal and determining participation to a forbidden anticompetitive practice such as an agreement (Article L. 420-1 FCC), an abuse of dominant position, or an economic dependence (Article L. 420-2 FCC). Currently, twenty-three cases concerning Article L. 420-6 FCC are numbered. On those twenty-three, nineteen related to agreements, where only three related to abuses of dominant position (some decisions do not give any clue on the practice at stake). The Cytec case, under examination, is one of those three. This recent decision is noticeable, not because of the rules applied, but because of the

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Marie-Charlotte Rouzier, The French Supreme Court rules on the criminal rules governing the limitation period in an abuse of dominant position case (SNF / Cytec Industries), 19 March 2008, e-Competitions Bulletin March 2008, Art. N° 19857

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