On May 9, 2023, the Conseil d’Etat clarified how the start date of the limitation period applicable to a public entity claiming damages for anticompetitive practices should be determined in a case where the management bodies of that public entity took part in such practices, confirming that the follow-on actions brought by the Île-de-France region following an illegal market sharing agreement was not time-barred. [1]  The Conseil d’Etat held that in the event that the damage suffered by the public entity resulted from practices in which its governing bodies participated, the limitation period could only run from the date on which new governing bodies, not involved in the anticompetitive practices, had acquired sufficient certainty as to the extent of these practices.

On January 31, 2023, the French Competition Authority (“FCA”) presented an interactive network graph tool on its website that identifies references made in FCA antitrust publications (such as decisions, opinions and interim measures published between 2009 2021) to its other publications. The visualization tool (available at: https://sen-codex.dev/) represents these references in the form of a graph interconnecting FCA’s publications with one another.