Article L481-7 of the French Commercial code
November 7, 2023
It is presumed until proven otherwise that an agreement between competitors causes harm.
It is presumed until proven otherwise that an agreement between competitors causes harm.
Damages and interest are assessed on the day of the judgment, taking into account all the circumstances that may have affected the consistency and value of the loss since the day the damage occurred, as well as its reasonably foreseeable evolution.
Where several natural or legal persons have contributed to an anti-competitive practice mentioned in article L. 481-1, they are jointly and severally liable to compensate the resulting loss. They contribute among themselves to the reparation debt in proportion to the seriousness of their respective faults and their causal role in causing the damage.
As an exception to article L. 481-9, a small or medium-sized enterprise is not jointly and severally liable to compensate the damage suffered by victims other than its direct or indirect contractors where: 1° Its market share on the relevant market is less than 5% throughout the period during which the anti-competitive practice was committed; 2° Application of Article L. 481-9 would irremediably compromise its economic viability and cause its…
The person mentioned in article L. 481-1 that has benefited from a total exemption from a financial penalty under a leniency procedure is only jointly and severally liable to compensate the damage suffered by victims other than its direct or indirect contractors if these victims have not been able to obtain full compensation for their damage from the other joint and several debtors after having first unsuccessfully sued them.
Where the compensated victims are the direct or indirect contractors of the joint and several debtors, the amount of the contribution of the natural or legal person mentioned in article L. 481-1 which has benefited from a total exemption from a financial penalty pursuant to a leniency procedure shall be determined in accordance with the rule set out in the second sentence of Article L. 481-9 without being able to…
A victim who has entered into a settlement with one of the joint and several co-debtors may only claim from the other co-debtors not party to the settlement the amount of his loss less the share of the loss attributable to the co-debtor party to the settlement. The co-debtors not party to the settlement may not claim from the co-debtor party to the settlement a contribution to the sum they…
To set the amount of the contribution that a co-debtor may recover from the other joint and several co-debtors, the judge shall also take into account all compensation already paid by the co-debtors pursuant to a settlement previously entered into by them with one of the victims of the anti-competitive practice.
An action for damages based on article L. 481-1 shall be barred on expiry of a period of five years. This period begins to run from the day on which the claimant knew or should have known cumulatively: 1° The acts or facts imputed to one of the natural or legal persons mentioned in Article L. 481-1 and the fact that they constitute an anti-competitive practice; 2° The fact that…
Applications for the disclosure or production of documents or categories of documents made with a view to or in the context of an action for damages by a claimant who plausibly alleges injury caused by an anti-competitive practice referred to in Article L. 481-1 are governed by the provisions of the Code of Civil Procedure or those of the Code of Administrative Justice, subject to the provisions of this chapter….
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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