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ARTICLE · 18 JANUARY 2022

Damages In Follow-On Actions: More Accurate Assessments Ahead

Bird & Bird
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The Paris Court of Appeal recently ruled on a follow-on damages case further to the so-called "dairy products" cartel that was sanctioned by the French Competition Authority (FCA) in 2015.

FranceAntitrust/Competition Law
Thomas Oster
Thomas Oster
Eliott Costet
Eliott Costet
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The Paris Court of Appeal recently ruled on a follow-on damages case further to the so-called "dairy products" cartel that was sanctioned by the French Competition Authority (FCA) in 2015. Supermarkets who claimed to be direct victims of this cartel, had sought compensation for their losses before the Paris Commercial Court, which dismissed their claim in 2020. The Court of Appeal overturned the first instance decision and awarded the supermarkets nearly €2.4 million in compensation for the financial loss they suffered, providing interesting clarifications on the assessment of damages.

Background

On 11 March 2015, the FCA sanctioned the main dairy product manufacturers to the amount of €192.7 million for a cartel aiming to fix prices and rig tenders from supermarkets for the manufacturing of private label products. Following the FCA's decision, two supermarkets brought an action against several cartel members seeking compensation for the damage they suffered.

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