LEGAL PRACTICE: COMPENSATION ACTIONS - ABUSE OF DOMINANT POSITION - PREJUDICE
Compensation for damages caused by abuse of a dominant position
French courts have handed out judgments in 31 damages claims based on abuses of a dominant position. These cases differ from cartel damages claims in many respects. In particular, damages are more numerous, more diverse, and more difficult to quantify sometimes. In order to assess such damages, courts have used methods derived from traditional tort cases.
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1. Directive 2014/104, transposed into national law by an order and a decree of 9 March 2017 [1], formally applies to all practices punishable under Articles 101 and 102 of the TFEU and their national equivalents. Many have considered that it aims first and foremost to facilitate the exercise of actions for reparation by the victims of cartels. This should not lead to the conclusion that actions for damages following an abuse of a dominant position would be the poor relation of private enforcement. Indeed, in France, they are more numerous than those against cartel [2]members. The first case of abuse of a dominant position was judged in 1982 [3], sixteen years
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