LEGAL PRACTICE: PROCEDURES - LITIGATION FOR REDRESS - INTERNATIONAL JURISDICTION - STATUTE OF LIMITATIONS - ACCESS TO DOCUMENTS

Private enforcement of antitrust law in France (June 2020 - March 2021)

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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 time. Finally, the question of access to documents containing business secrets or information transmitted in the course of negotiated procedures has given rise to an important ruling by the Court of Cassation, which specifies the terms of the proportionality control that the judge must carry out.

Selected decisions rendered in the comment period. The decisions commented on are marked with an asterisk, the others are simply cited for information and a brief mention is made of their interest. CJEU, gde ch., 24 Nov. 2020, Wikingerhof GmbH & Co .KG v/ Booking.com BV, aff. C-59/19, ECLI:EU:C:2020:950* Cass. com, 14 Oct. 2020, Betclic c/ GIE Pari Mutuel Urbain, no 18-24.221. Cass. com. 8 July 2020, no 19-25.065, ECLI:FR:CCASS:2020:CO00440, unpublished Cass. com. 27 July 2020, no 19-25.065, ECLI:FR:CCASS:2020:CO00440, unpublished -* Cass. com. 27 July 2020, no 19-25.065, ECLI:FR:CCASS:2020:CO00440, unpublished Cass. com. 27 Jan. 2021, EMC2, no 18-16.279 CE, ch. 7-2, Oct. 12, 2020, SNCF Mobilités, req. 432981 CA Paris, ch. 7-2, Oct. 12, 2020 CA Paris, ch. 5-1, Sept. 15, 2020, Mr.

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Authors

  • Université Caen Normandie
  • Orrick, Herrington & Sutcliffe (Paris)
  • Cabinet Racine (Paris)

Quotation

Rafael P. Amaro, Malik Idri, Bastien Thomas, Private enforcement of antitrust law in France (June 2020 - March 2021), May 2021, Concurrences N° 2-2021, Art. N° 100389, pp. 244-258

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