Limitation period

Institution Definition

What is the limitation period (if any) from the date of the termination of the infringement by which the investigation / proceedings must begin or a decision on the merits of the case must be made? There are no limitation periods for the investigation and prosecution of cartels. There are limitation periods applying to penalties against cartel participants (Article 25 of Regulation 1/2003): (i) three years in the case of infringements of provisions concerning requests for information or the conduct of inspections; (ii) five years in the case of all other infringements. Time starts to run on the day on which the infringement is committed. However, in case of a continuing or repeated infringement, time shall begin to run on the day on which the infringement ceased. Any action taken by the Commission for the purpose of an investigation shall interrupt the limitation period for the imposition of penalties. The limitation period shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the Commission having imposed a penalty.© European Commission

Articles

Rafael P. Amaro, Bastien Thomas, Malik Idri Private Enforcement of Antitrust Law in France (July 2022 – February 2023)

May 2023

The last months were probably amongst the most profuse in landmark judgments since the inauguration of this column in 2016. There are no less than four judgments of the Court of Justice, four judgments of the Court of Cassation and one judgment of the Council of State! None of them is anecdotal (...)

Wouter Wils Readoption by the European Commission of cartel decisions annulled on procedural grounds by the EU courts

September 2021

This paper deals with the readoption by the European Commission of decisions imposing fines on undertakings found to have participated in cartels in violation of Article 101 TFEU (cartel decisions) following the annulment of those decisions by the EU courts (General Court and Court of Justice) (...)

Rafael P. Amaro, Malik Idri, Bastien Thomas Private enforcement of antitrust law in France (June 2020 - March 2021)

May 2021

The period under review confirms, as in the previous period, the growth of litigation before the administrative courts. It also confirms the importance of certain recurring issues, such as the statute of limitations, international jurisdiction, and compensation for the prejudicial effect of (...)

Rafael P. Amaro, Bastien Thomas Private enforcement of antitrust law in France (June 2019 – Nov. 2019)

February 2020

This new period is less rich in “big” decisions than the previous one, which had no less than three judgments from the Court of Justice of the European Union, but it is marked by several atypical decisions that may announce a diversification of litigation. Recurring questions also continue to (...)

Marc Barennes, Driek Deferme, Michiel Verhulst Limitation periods in competition law damages actions in the EU: Are further clarification and harmonisation needed?

February 2020

This article discusses the limitation periods within which victims of a competition law infringement can bring an action for damages in the European Union. Firstly, it addresses the evolution of the European rules in this regard since 2005. Secondly, it provides an overview of the limitation (...)

Aymeric Discours Injury assessment: Topical issues (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

September 2019

In search of a way to make up for lost time Aymeric Speech Associate Lawyer, McDermott Will & Emery, Paris While it has long been the prerogative of economists, the issue of compensation for the harmful effects of time is now at the heart of the latest case-law developments in the (...)

Florian Bien, Sylvaine Poillot-Peruzzetto, Mercedes Pedraz Calvo Limitation period for actions for damages (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

September 2019

The transposition of the rules on the limitation period for bringing an action for damages into national law - Comparative remarks Florian Bien Professor, University of Würzburg In its Manfredi and Cogéco judgments on the limitation period for actions for damages for breaches of competition (...)

Enrico Camilleri, Fayrouze Masmi-Dazi Temporal application of the rules for transposing the “damages” directive (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)

September 2019

Damages claims for anticompetitive conduct after the Directive 2014/104/EU: Is it (still) worth talking about a private law remedy? Enrico Camilleri Professor, University of Palermo Directive 2014/2014/EU puts the private law remedy of non-contractual liability as the pivot of the entire (...)

Cyril Grimaldi Implementation of the new Title IV (The reform of the French Commercial Code’s Title IV Book IV - Nanterre, April 4th, 2019)

September 2019

The Minister’s action in the implementation of article L. 442-1 C. com. : autonomous action, to what extent? Cyril Grimaldi Professor, University of Paris 13 The action of the Minister of Economy, is often called ’autonomous’. This term does not mean much and, in any case, it must one should (...)

Irène Luc, Vasil Savov Irène Luc (French Competition Authority): Actions for damages in antitrust cases - Situational analysis in France and in the European Union

May 2019

Interview realised on the occasion of the 3rd edition of the annual conference on private enforcement organised by Concurrences Review, which took place on 28 March 2019 at the Paris Court of Appeal, in the panel dedicated to damages assessment with Etienne Pfister (French Competition (...)

Rafael P. Amaro Private enforcement of antitrust law in France (March 2018 – July 2018)

November 2018

The commented decisions indicate the recurrent nature of procedural questions, especially those pertinent to national and international competence. Other decisions confirm the ever-growing litigation about compensation applying to the administrative court as well as the importance of the harm (...)

Rafael P. Amaro Compensation litigation of anti-competitive practices (January 2017 – July 2017)

November 2017

The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It involves mostly businesses. However, the cases brougth to French courts are less homogeneous than those of the previous periods. Concerning the legal issues dealt by (...)

Catherine Prieto, Florian Wagner-von Papp, Frank Kroes, Marcella Negri, Oliver Remien Limitation periods (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

September 2017

Limitation periods could imperil the enforcement of competition damage claims and in the footsteps of the Manfredi case of the ECJ artt. 10, 11 and 18 of the Damages Directive therefore give complex rules on this issue. France, Germany, Italy, the Netherlands and the United Kingdom have adapted (...)

Peter Roth A British perspective: EU antitrust law and international damages actions

February 2017

This article discusses a variety of issues concerning international competition law damages claims which have been considered in cases in England. They include: the problem of mass claims for foreign plaintiffs; the liability of a local subsidiary for infringements by a foreign parent; the (...)

Mark D. Powell TR III - Prescription markets: Can competition law deal with the principal/agent issue? (New Frontiers of Antitrust Conference - Paris, 10 February 2012)

May 2012

This third roundtable of the conference “New frontiers of Antitrust”, Paris, 10 February 2012, was dedicated to prescription markets and how competition law can deal with the principal/agent issue. This article considers how the phenomena described by economists as “prescription” should be taken (...)

a b c d e f g h i j k l m n o p r s t u v w

a

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Actual competitor • Administered prices • Advocacy • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive object or effect • Anticompetitive practices • Antitrust • Applicable law • Arbitration • Article 11 letter • Automotive distribution

b

Barriers to entry • Bertrand (Nash) equilibrium • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Bundling • Burden of proof • Business secrets • Buyer power

c

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Collusion • Comity • Commission Notice • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concentration indexes • Concerted practices • Concession • Concurrent jurisdiction • Consortium • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Cournot (Nash) equilibrium • Criminal sanctions • Cross subsidisation

d

Damages • Dawn raids • De minimis notice • Digital Markets Act • Direct effect • Discriminatory practices • Distribution agreement • Divestiture • Dominance (notion)

f

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Foreign Subsidies • Form CO • Franchising • FRAND • Free riding

g

GAFAM • Geographic market • Group purchasing organization • Guidelines • Gun jumping

h

Hard core restrictions • Hearing officer • Horizontal agreement • HSR Filing (US)

i

Imputability • Independence and impartiality • Individual exemption • Industrial policy • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

j

Joint control • Joint venture • Judicial review

k

Know-how

l

Legal privilege • Leniency • Lerner index • Letter of formal notice • Letter of rejection of complaints • Licensing • Limitation period • Low prices

m

Mandatary (distribution) • Margin squeeze • Marginal costs • Market economy investor • Market of goods or services • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Monopoly

n

Ne bis in idem • Network effect • Non-compete obligation • Notification • Nullity

o

Oligopoly

p

r

R&D agreement • Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Request for information • Resale below cost • Resale price maintenance (RPM) • Restriction on exportation • Right against self-incrimination • Rights of defence • Rule of reason

t

Technology transfer • Test SIEC (merger) • Test SLC (merger) • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

u

Undertaking (notion) • Unfair commercial practices • Unfair competition • Universal service • Upstream market

v

Variable costs • Vertical agreement • Vertical restraints (or restrictions)

w

White clause