Where the breaches of which the trader is accused concern compliance with the rules defined in Title II of Book IV of the Commercial Code or Articles 101 and 102 of the Treaty on the Functioning of the European Union, the professional may only be held liable in the context of the action mentioned in Article L. 623-1 only on the basis of a decision handed down against the professional by the competent national or European Union authorities or courts, which establishes the breaches and which is no longer subject to appeal in respect of the part relating to the establishment of the breaches.