The French Civil Supreme Court clarifies the "appreciable effect on trade" concept contained in Art. 101 and 102 of TFEU (Jet Fuel Cartel)

I. Introduction 1. In a landmark judgment of 1 March 2011, the French Supreme Court in Commercial, Financial and Economic matters (Cour de cassation, Chambre commerciale, financière et économique) provided guidance on establishing a local collusive agreement’s appreciable effect on trade between Member States. 2. The ruling reversed the previous Paris Court of Appeal judgment in the case [1] and substantially undermined the French Competition Authority’s analysis in its famous Jet Fuel Cartel decision [2]. II. Background 3. This case has become known for being the first in which, pursuant to Article 22 of Regulation 1/2003 [3], the French NCA co-operated with the UK OFT in order to obtain conclusive evidence against four leading oil companies. 4. Those companies, including Exxon,

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  • Paris Dauphine University

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Anton Dinev, The French Civil Supreme Court clarifies the "appreciable effect on trade" concept contained in Art. 101 and 102 of TFEU (Jet Fuel Cartel), 1 March 2011, e-Competitions Effect on interstate trade, Art. N° 35149

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