CASE COMMENTS: PUBLIC PROCUREMENT – CONTRACT – ACTION FOR INDEMNISATION – CARTEL – MISCONDUCT – PETITION FOR SUSPENSION

Contractual action: The French Supreme Administrative Court considers that a public person, whose consent has been undermined by anticompetitive and deceptive practices, can exercise an interim payment (Département de l’Eure)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. For a long time in the shadow of the litigation of administrative repression of anti-competitive practices, the litigation of the reparation of anti-competitive practices has, in recent years, experienced a real development. A trend in case law has paved the way for an autonomous and specific area, at the crossroads of liability law and competition law. However, this branch of the law is still in the process of construction and is confronted with problems similar to those that have affected the public enforcement of anti-competitive practices in the past. Now, if the question of the distribution of competences has received a recent answer (TC, Nov. 16,

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Aurélien Camus, Contractual action: The French Supreme Administrative Court considers that a public person, whose consent has been undermined by anticompetitive and deceptive practices, can exercise an interim payment (Département de l’Eure), 24 February 2016, Concurrences Nº 3-2016, Art. N° 80927, pp. 174-176

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