Repeat infringement: The French judiciary supreme court rules that two successive exclusionary practices by a same operator meet the condition of identity and similarity of practices (EDF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On September 27, 2017, the Commercial Chamber of the Court of Cassation handed down its ruling in the case of practices implemented by EDF in the services sector for the production of photovoltaic electricity. In this judgment, the Commercial Chamber of the Court of Cassation clearly takes a stand on the thorny question of the identity or similarity of practices as a condition for sanctioning the repetition of practices by the same operator, under aggravating circumstances (see on the general question of recidivism, L. Bernardeau, La récidive en droits de la concurrence, ed. Bruylant, Brussels, March 2017). It is recalled that in that case, the Authority