CASE COMMENTS: UNILATERAL PRACTICES - COMMITMENTS PROCEDURE – CIVIL ACTION – DAMAGES

Commitments : The Paris Commercial Court recognises, within the terms of succinct reasoning, the existence of fault of two companies who benefited from the commitments procedure before the French Competition Authority, and thereby concludes that this results in damages for the claimant which must be addressed (DKT/Eco-Emballages and Valorplast)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The decision of the Paris Commercial Court (the "Court") of 30 March 2015 is part of the so-called follow-up civil actions, initiated by plaintiffs who consider themselves victims of anti-competitive practices, following decisions adopted by the French Competition Authority (the "Authority"). The specificity of the case stems from the fact that the action was based on a decision by the Authority accepting the commitments offered by the two companies assigned, namely Eco-Emballages and Valorplast, i.e. in the absence of a finding of abuse of a dominant position (and possibly of a cartel) on the part of the Authority. The commitments procedure before the

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Anne Wachsmann, Nicolas Zacharie, Commitments : The Paris Commercial Court recognises, within the terms of succinct reasoning, the existence of fault of two companies who benefited from the commitments procedure before the French Competition Authority, and thereby concludes that this results in damages for the claimant which must be addressed (DKT/Eco-Emballages and Valorplast), 30 March 2015, Concurrences N° 3-2015, Art. N° 75010, pp. 79-81

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