Application over time: The Paris Court of Appeal affirms that, in the Follow-on case of the personal care products cartel, the presumption putting the burden of proof on the defendant to the action to prove the repercussion of the damage, is not applicable ratione temporis (Vania / Carrefour)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Another piece of French litigation on compensation for anti-competitive practices, the decision rendered by the Paris Court of Appeal on January 5, 2022 (Paris, Pôle 5 ch. 4, January 5, 2022, RG n° 19/22293) is a new testimony of the development of private actions in France. At the same time, by highlighting the difficulties likely to arise in the course of compensation, it contributes usefully to the reflection on the compensation of competitive losses, and even more broadly of economic losses. The court, whose central role in this matter is now known to all, is ruling on the appeal filed by a producer of feminine hygiene products ordered in the first