LEGAL PRACTICE: FRANCE - ANTICOMPETITIVE AGREEMENTS - ABUSE OF DOMINANT POSITION - RESTRICTIVE PRACTICES - PRIVATE ENFORCEMENT

Tort litigation of anticompetitive practices (January – December 2015)

For its first edition, this six-monthly review presents and comments a selection of decisions issued in 2015 by French courts, mostly lower courts, concerning tort litigation based on a breach to French and EU antitrust law. It appears that this litigation only involves business disputes for all kinds of antitrust infringements: most are anticompetitive agreements and abuses of dominant position, but sometimes abuses of economic dependence and prices abusively low are invoked. The damage alleged by the plaintiffs are manifold: actual loss, loss of profit and loss of opportunity (« perte de chance »). In most decisions commented here, courts rule in the favour of the plaintiffs and award them damages.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. If 2014 was the year of major legislative reforms, 2015 is rather marked by the publication of important decisions. Some of them are decisions of principle handed down by the highest courts of our judicial order. This is the case, for example, of the Cartel Damage Claims judgment of the Court of Justice of 21 May 2015 [1], which provided useful but debatable clarifications on the interpretation of the rules of international jurisdiction of the Brussels I Regulation and on the conditions for the effectiveness of choice of court clauses in litigation concerning anti-competitive [2]practices. Already commented on in these columns [3], it will not be

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  • Université Caen Normandie

Quotation

Rafael P. Amaro, Tort litigation of anticompetitive practices (January – December 2015), February 2016, Concurrences N° 1-2016, Art. N° 77722, pp. 251-260

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