A decision which may no longer be the subject of an ordinary appeal procedure in respect of the part relating to the finding of the existence and imputation of an anti-competitive practice, handed down by a competition authority or by a review court of another Member State of the European Union in respect of a natural or legal person, constitutes evidence of the commission of that practice.
Where a final decision of the Commission, ruling on agreements, decisions or practices covered by Article 101 or 102 of the Treaty on the Functioning of the European Union, has found an anti-competitive practice provided for in those Articles and attributed that practice to a natural or legal person referred to in Article L. 481-1, the national court hearing an action for damages as a result of that practice may not, in accordance with Article 16(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Economic Community, now Articles 101 and 102 of the Treaty on the Functioning of the European Union, take a decision that would run counter to the decision adopted by the Commission.