On March 3,2023, the French Competition Authority (“FCA”) published its roadmap for 2023-2024, outlining its enforcement priorities for the year ahead.
The French Cour de Cassation upholds the €180 million in damages imposed on Orange in the Digicel case but remands the calculation of interest to the Paris Court of Appeals
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.
Antitrust Review Episode 10: In Conversation With Guillaume Loriot
In our latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Guillaume Loriot, who, following a 20-year career at DG COMP, is now the EC’s Deputy Director-General for Mergers.
The French Competition Authority declines its jurisdiction to review injunctions imposed in a final decision
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”).
Commission Consults on Notification Requirements and Process for EU Foreign Subsidies Regulation
On February 6, 2023, the European Commission (“Commission”) launched a public consultation on its proposed rules and procedures for merger and public procurement notifications under the EU Foreign Subsidies Regulation (“FSR”).
Antitrust Review Episode 9: In Conversation With Professor Anu Bradford
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews author, scholar and expert in international
FCO’s Annual Report 2021/2022: The Digital Economy And Antitrust Enforcement In Times of Crisis
On August 30, 2022, the Federal Cartel Office (“FCO”) published its Annual Report 2021/2022.[1] Andreas Mundt, the President of the FCO, pointed out two areas of the FCO’s focus: First, the collusion of undertakings under the guise of inflation and Russia’s war against Ukraine. Second, to use the flexibility of antitrust law to allow for a degree of cooperation that is necessary in times of crisis. Moreover, the FCO continues to pursue its digital agenda for the digital economy and the protection of consumer rights.
2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas
Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed.
Antitrust Review Episode 8: Looking Forward to 2023 and Back at 2022
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews members of Cleary Gottlieb’s award-winning antitrust practice about the principal legal developments in 2022 and their predictions for the enforcement of antitrust law in 2023.
The French Cour de cassation confirms that French rules on practices restricting competition apply to subcontracting agreements
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]