On December 3rd, 2021, the Paris Court of Appeal (the “Court”) confirmed a ruling by the Paris Commercial Court dismissing a damage claim brought by the former executive shareholder of Switch, a defunct online travel agency, against the national French railway company SNCF and online travel agency Expedia Inc. following a decision by the French Competition Authority (the “FCA”) finding the defendants had engaged in anti-competitive practices. The Court declared that the former executive shareholder’s claim was inadmissible for lack of legal standing, as the loss of value suffered by the shareholder does not constitute a separate actionable harm from the collective damage suffered by Switch, for which the later had already been compensated. The Court further found the former executive
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The Paris Court of Appeal dismisses separate follow-on damages claims by a director and the main shareholder of a company which had previously been granted compensation for losses arising from anticompetitive conduct (Switch / SNCF / Expedia)
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