The French Supreme Court uses the EU Court of Justice framework to overturn a judgment issued in a cartel of endives producers (Endive cartel)

In the endive cartel case, the French Supreme Court (Cour de casssation) judgement issued 12 September 2018 analyses the relationship between competition law and EU agricultural rules. In its decision following a preliminary ruling issued by the European Court of Justice (ECJ), the Supreme Court strictly applied the principles laid down by the ECJ: the exclusion of the application of Article 101 TFEU to measures adopted by producer organisations (PO) and associations of producer organisations (APO) is framed narrowly. The French Supreme Court held that the Paris Court of Appeal, which had fully exonerated the cartel implemented by several endive POs and APOs, did not properly carry out

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Authors

  • Niddam-Drouas Avocats (Paris)
  • Niddam-Drouas Avocats (Paris)

Quotation

Elise Nachbaur, Marie de Drouas, The French Supreme Court uses the EU Court of Justice framework to overturn a judgment issued in a cartel of endives producers (Endive cartel), 12 September 2018, e-Competitions September 2018, Art. N° 93199

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