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
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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