French Competition Law Newsletter
Below are links to French Competition Law Newsletters that Cleary publishes regularly.
2023
March
Highlights
The French Competition Authority publishes its roadmap for 2023-2024
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On March 3, 2023, the French Competition Authority published its roadmap for 2023-2024, outlining its enforcement priorities for the year ahead. The FCA emphasized the need to take action in three main areas: (i) the digital transition, (ii) sustainability and the green transition, and (iii) the cost-of-living crisis. The FCA also indicated that it will monitor practices that could harm public procurement procedures and the freedom of establishment of regulated legal professions as well as competitive conditions in the French overseas territories.
The French Competition Authority declines its jurisdiction to review injunctions imposed in a final decision
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On February 15, 2023, the French competition authority deemed inadmissible Interflora’s application for review of injunctions imposed in 1986 and 2001 decisions.
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The French Cour de cassation confirms that the Paris Court of Appeals can rule on the legality of the French Competition Authority’s “name and shame” practices
- On March 23, 2023, the French Cour de cassation ruled that requests to restrict the French Competition Authority’s communication actions relating to a fining decision qualify as applications for interim relief under Article L.464-8 of the French Commercial Code and therefore can validly be brought before the Paris Court of Appeals.
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The French Cour de cassation upholds the €180 million in damages imposed on Orange in the Digicel case but remands the calculation of interest to the Paris Court of Appeals
- On March 1, 2023, the French Cour de cassation upheld the Paris Court of Appeals’ judgment awarding Digicel €180 million in damages for harm suffered as a result of anticompetitive practices implemented by Orange from 2000 to 2006 in the mobile telephony sector in the French West Indies and Guyana. However, the Cour de cassation quashed the Court of Appeals’ finding that interest on the damage award should run from April 1, 2003, given that the harm inflicted to Digicel had not fully materialized at that date.
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2022
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