On April 12, 2023, the French Competition Authority (“FCA”) imposed a €3.5M fine on market intelligence company Ellisphere for price-fixing and market-sharing practices, marking the first successful application of the watchdog’s leniency regime since it was reformed under the ECN+ Directive.[1]
On March 23, 2023, the French Cour de cassation ruled that requests to restrict the French Competition Authority’s (“FCA”) communication actions relating to a fining decision qualify as applications for interim relief under Article L.464-8 of the French Commercial Code and therefore can validly be brought before the Paris Court of Appeals.[1]
On March 3,2023, the French Competition Authority (“FCA”) published its roadmap for 2023-2024, outlining its enforcement priorities for the year ahead.
On March 1, 2023, the French Cour de Cassation (i.e., the French Civil Supreme Court) upheld the Paris Court of Appeals’ (“Court of Appeals”) judgment awarding Digicel €180 million in damages for harm suffered as a result of anticompetitive practices implemented by Orange from 2000 to 2006 in the mobile telephony sector in the French West Indies and Guyana. However, the Cour de Cassation quashed the Court of Appeals’ finding that interest on the damage award should run from April 1, 2003, given that the harm inflicted to Digicel had not fully materialized at that date.
On February 15, 2023, the French competition authority (the “FCA”) deemed inadmissible Interflora’s application for review of injunctions imposed in 1986 and 2001 decisions (the “Decision”).
On January 11, 2023, the French Cour de cassation partly quashed a decision of the Paris Court of Appeals. The French Cour de cassation considered that the Paris Court of Appeals had rightly held that the provisions of the French Commercial Code on practices restricting competition apply in the context of subcontracting relations, but erred in its application of these provisions.[1]
In a ruling dated January 10, 2023, the French Cour de cassation quashed an order of the Paris Court of Appeals that had annulled the seizure of attorney-client communications during a consumer law dawn raid on the grounds that they were covered by “legal privilege,” thereby excluding the application of the concept under French law.[1] Although the case relates to alleged breaches of consumer law, its reasoning can be transposed to matters relating to competition law dawn raids.
On January 9, 2023, the French Competition Authority (“FCA”) opened an in-depth (“Phase 2”) investigation into the proposed creation, by Aéroports de Paris (“ADP”) and British caterer Select Service Partner (“SSP”), of a full-function joint venture for the operation of catering services at Paris-Orly and Paris Roissy-Charles de Gaulle airports.[1]
On December 7, 2022, the French Supreme Court (“Cour de cassation”) upheld the Paris Court of Appeal’s judgment dismissing Concurrence’s damage claim brought against Samsung Electronics France (“Samsung”).[1] Concurrence claimed that Samsung had abruptly terminated their long- standing commercial relationship.
On November 15, 2022, the French Competition Authority (“FCA”) imposed a fine of 800,000 euros on Audiens Santé-Prévoyance (“Audiens SP”) for abuse of dominance through its subsidiary, Movinmotion, on the market for payroll management services for entertainment workers (the “Decision”).[1]