Paragraph 1: Joint and several liability of those responsible

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…