The loss suffered by the claimant as a result of the anti-competitive practice referred to in Article L. 481-1 includes in particular: 1° The loss made, resulting : a) The additional cost corresponding to the difference between the price of the good or service that he actually paid and the price that would have been paid in the absence of the commission of the infringement, subject to the total or…
The direct or indirect purchaser, whether of goods or services, is deemed not to have passed on the extra cost to its direct contractors, unless the defendant, the perpetrator of the anti-competitive practice, proves to the contrary that it has done so in whole or in part.
A direct or indirect purchaser, whether of goods or services, who claims to have suffered the application or repercussion of an additional cost must prove its existence and extent. However, the indirect purchaser, whether of goods or services, shall be deemed to have provided proof of such passing-on where it proves that: 1° The defendant has committed an anti-competitive practice referred to in Article L. 481-1; 2° This practice resulted…
The rules of evidence set out in articles L. 481-4 and L. 481-5 are applicable to the direct or indirect suppliers of the perpetrator of the anti-competitive practice who claim prejudice resulting from a reduction in the price of the goods or services concerned by this practice.
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…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
