CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – ASSESSMENT OF THE LOSS – UNFAIR PROFITS

Unfair competition: The French Supreme Court rules that judges shall take into account any unfair profits made by the author of unfair commercial practices when assessing damages (Cristallerie de Montbronn / Cristal de Paris)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. It is safe to say that the Cristal de Paris judgment is one of the most important judgments that the Court of Cassation has ever handed down on the subject of unfair competition, and on compensation for economic loss more generally. This innovative decision is promised to the greatest publicity (P+B+R+I) and is the subject, as it should be from now on when the ruling is important, of an enriched motivation that allows to understand its springs. Solution The facts are simple. Cristallerie de Montbronn accused Cristal de Paris of misleading commercial practices consisting in presenting in its catalogues glass, crystalline and luxion products mixed

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  • University Aix-Marseille

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Frédéric Buy, Unfair competition: The French Supreme Court rules that judges shall take into account any unfair profits made by the author of unfair commercial practices when assessing damages (Cristallerie de Montbronn / Cristal de Paris), 12 February 2020, Concurrences N° 2-2020, Art. N° 94857, pp. 113-114

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