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EU Foreign Subsidies Regulation: The European Commission’s New Powers of Investigation and Sanction

Entered into force on Jan. 12, 2023, Regulation (EU) 2022/2560 of Dec. 14, 2022 — the foreign subsidies regulation, or FSR — allows the European Commission to address distortions in the EU market caused by foreign subsidies,...more

CJEU Towercast Judgment: The Prohibition of Abuse of a Dominant Position Allows Ex Post Control of Mergers

On March 16, in a preliminary ruling requested by the Paris Court of Appeal regarding Towercast’s appeal of the French Competition Authority’s decision in the TDF case, the Court of Justice of the European Union decided ...more

Naming and Shaming: Injunctive Measures Taken by the DGCCRF Can Now Be Made Public

On Dec. 29, 2022, Decree No. 2022-1701 — defining the procedures for publicizing the measures taken pursuant to Book IV of the Commercial Code and Book V of the Consumer Code — was published pursuant to the law of Aug. 16,...more

Private Enforcement: The Court of Justice of the European Union Clarifies the Conditions Under Which a National Court May Order...

In a judgment published on Jan. 12, 2023 (Case C-57/21, RegioJet a.s.), the Court of Justice of the European Union strengthens the right to access to the file for victims of anticompetitive practices. According to the Court’s...more

The European Court of Justice Resolves Certain Conflicts of Temporal Application of the “Damages” Directive

The European Court of Justice (ECJ) issued a judgment on June 22, 2022 (C-267/20), regarding an action for damages, based on Directive 2014/104/EU (Directive), seeking compensation for the damage caused by the truck cartel....more

Private Enforcement: The Paris Court of Appeal Rejects a Damage Claim Based on an Abuse of Dominant Position Without Definition of...

In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a...more

European Commission — Trucks Cartel: Clarification on the Concept of ‘Single and Continuous Infringement’ and Its Impact on the...

Following the European Commission’s decision on the trucks cartel matter (European Commission, Sept. 27, 2017, AT.39824) that fined Scania up to €880 million (USD 950M), the General Court of the European Union rejected...more

Car Emissions Case: First Sanction of an Anti-competitive Agreement on Technical Development by the European Commission

On Nov. 12, 2021, the European Commission published its decision AT-40178 of July 8, 2021, fining BMW, Volkswagen, Audi and Porsche a total of 875 million euros for their involvement in a cartel within European Economic Area...more

Trucks Cartel: Within Four Months, the CJEU Provides Enlightening Procedural Clarifications on Follow-On Actions Through Two...

Following record fines imposed by the European Commission on the main European truck manufacturers, under preliminary references, the Court of Justice of the European Union (CJEU) has recently ruled on certain procedural...more

Retail Price Maintenance: Dammann Frères Fined for Imposing Online Sale Price of Tea to Its Retailers

In Decision No. 20-D-20 issued on Dec. 3, 2020, the French Competition Authority fined the tea producer Dammann Frères €226,000 for forbidding its retailers to freely determine their own online resale prices for Dammann...more

French Competition Authority Overturns Its Decision-Making Practice: Coordination Between Subsidiaries in Calls for Tenders Is No...

According to the decision-making practice of the French Competition Authority (FCA), the coordination between subsidiaries of the same group when submitting coordinated but apparently independent offers in public tenders was...more

European Commission Publishes Outcome of Evaluation of EU Competition Rules on Vertical Agreements

On Sept. 8, 2020, the European Commission published its Staff Working Document summarizing the findings of the evaluation of the Vertical Block Exemption Regulation (VBER) applicable to vertical agreements and the VBER’s...more

Mergers Control: French Competition Authority Publishes New Guidelines

The French Competition Authority has maintained its aim to modernize and simplify the merger control system, initiated in 2017, with the publication and entry into force on July 24 of its . This document replaces the...more

EU-Antitrust Law Framework Relating to the COVID-19 Crisis

European Commission publishes a temporary Framework for undertakings collaborating to address the shortage of essential products and services. ...more

Aumento dei prezzi e forza maggiore: quanto è importante scrivere correttamente le clausole dei vostri contratti

Con parere n. 19-9 del 25 ottobre 2019, la Commission d’examen des pratiques commerciales (la "CEPC") ovvero la Commissione francese per la valutazione delle pratiche commerciali, che ha il compito di vigilare sull’equilibrio...more

The French Competition Authority Can Now Be Notified Online of Concentrations

For concentrations meeting the conditions set forth in Article L. 430-2 of the French Commercial Code, a notification to the French Competition Authority (Autorité de la concurrence) is mandatory. To facilitate merger control...more

European Commission Adopts Passing-On Guidelines for National Judges Evaluating Cartel-Related Damages

As widely acknowledged, key problems in the implementation of the Antitrust Damages Directive [2014/104/EU, herein referred to as “Damages Directive”] were found in the vague provisions set therein, such as the rules on...more

Relations commerciales entre professionnels : ce qui change dès le 26 avril 2019

L’ordonnance n°2019-359, adoptée le 24 avril 2019, vient préciser les changements du titre IV du livre IV du Code de commerce voulus par la loi n° 2018-938 du 30 octobre 2018 dite Loi EGalim. ...more

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