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….
The judge may not order the Autorité de la concurrence, the minister responsible for the economy, any competition authority of another Member State or the European Commission to produce a document in its file where one of the parties or a third party is reasonably able to provide that document.
The judge may not enjoin the communication or production of a document comprising: 1° A written statement or transcript of oral statements voluntarily submitted to a competition authority by a person mentioned in Article L. 481-1 or on its behalf, and helping to establish the reality of an anti-competitive practice provided for in articles L. 420-1and 101 of the Treaty on the Functioning of the European Union and to identify…
At the request of a party, the judge shall verify the content of the document in the file of a competition authority that is alleged to fall within the prohibition provided for in Article L. 483-5. To this end, he shall be provided with this document by the person or competition authority holding it and shall examine it alone. It may, without the presence of any other person, hear the…
Where only part of a document is covered by the prohibition set out in article L. 483-5, the other parts are communicated in accordance with the terms of this chapter.
As long as the proceedings concerned have not been closed by a decision adopted by the Autorité de la concurrence on the basis of I of article L. 464-2 and articles L. 462-8, L. 464-3, L. 464-6 or L. 464-6-1, by the Minister for the Economy on the basis of the first and second paragraphs of article L. 464-9 or by a competition authority of another Member State of the…
Articles L. 483-5 and L. 483-8 do not apply to a document that exists independently of the proceedings before a competition authority, whether or not it is in the file of that authority.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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