Burden of proof: The French Supreme Court ruled that the victim must prove that the extra costs were passed on when the events occurred prior to the entry into force of the Damage Directive (Carrefour/Johnson & Johnson)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The "damages" directive of November 26, 2014 focused on facilitating the evidentiary task of victims of anti-competitive practices and used the presumption mechanism in various respects in this perspective. As rightly pointed out by Councillor Poillot-Peruzzetto in her first report, "the question of applicable law ratione temporis is particularly crucial, as the new provisions resulting from the directive facilitate these actions" (p. 23; the author wishes to thank her for the communication of her two reports, the second having been drawn up as a supplement following the judgment rendered by the Court of Justice of the European Union on 22 June 2022, in

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Burden of proof: The French Supreme Court ruled that the victim must prove that the extra costs were passed on when the events occurred prior to the entry into force of the Damage Directive (Carrefour/Johnson & Johnson), 19 October 2022, Concurrences N° 4-2022, Art. N° 110038, www.concurrences.com

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