CASE COMMENTS: CARTELS - FRANCE - ARTICLE 101(2) TFEU and L 420-3 C. COM - FINES

Fines: The French commercial Supreme Court confirms the judgement of the Paris Court of appeal and rules that a contracting authority may not seek, under certain circumstances, the annulment of the contracts signed with the successful tenderers even if the latter have exchanged information during the tender (EDF c/ Nexans)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. While the sanctioning of anti-competitive practices generally implies, at the administrative level, the imposition of a fine, which is a source of increasingly serious litigation, other consequences, at the civil level alone, should not be ignored. This is the case for the nullity of anti-competitive agreements and the possibility of claiming compensation for the damage suffered by way of an award of damages, in line with the recent transposition into French law of the directive on actions for damages. The judgment reported here illustrates this specific litigation

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Fines: The French commercial Supreme Court confirms the judgement of the Paris Court of appeal and rules that a contracting authority may not seek, under certain circumstances, the annulment of the contracts signed with the successful tenderers even if the latter have exchanged information during the tender (EDF c/ Nexans), 13 September 2017, Concurrences N° 1-2018, Art. N° 85815, p. 81

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