4th April 2021 Restrictive agreements and abuse of dominant position: Qualified effects doctrine The qualified effects test allows the application of the EU and EEA competition rules to be justified under public international law when it is foreseeable that the conduct at issue will have an immediate and substantial effect in the internal market or

7th February 2022 Public procurement contracts – Directive on public works, public supply and public service contracts An economic operator which, following the insolvency of the initial contractor which led to its liquidation, has taken over only the rights and obligations of the initial contractor arising from a framework agreement concluded with a contracting authority

15 november 2021 Administrative procedure: Commitments The fact that the Commission considered, at a certain stage of the procedure, that the case could be dealt with by means of the commitments procedure did not prevent it from ultimately imposing a pecuniary penalty on the undertaking after reverting to the standard procedure for finding an infringement.

18 october 2021 Fines – Value of sales to which infringement relates The Guidelines on the method of setting fines do not preclude the Commission from using the sales invoiced rather than sales delivered in the EEA to calculate the value of each undertaking’s sales within that territory. GC, Case T-342/18 Nichicon Corporation, Judgment of

11 octobre 2021 Civil sanctions – Damages The victim of an anticompetitive practice may bring an action for damages without distinction either against a parent company which has been punished by the Commission for that practice in a decision or against a subsidiary of that company where those companies together constitute a single economic unit

4 octobre 2021 Concurrence déloyale : non-respect de la réglementation Une centrale de réservations et de courses de taxis, qui, en imposant à ses clients dans ses contrats d’abonnements un pourboire forfaitaire – de l’ordre de 15 à 20 % du prix de la course -, viole la tarification applicable aux taxis parisiens prévoyant que

21 september 2021 State aid: New aid Unlike individual aid, which concerns a State aid measure requiring individual examination in the light of the criteria referred to in Article 107(1) TFEU, use of the concept of an “aid scheme” enables the Commission to examine, in the light of that provision, a set of individual grants

21 september 2021 Commercial agents: Scope of application The concept of “sale of goods” referred to in Article 1(2) of Directive No 86/653 relating to self-employed commercial agents can cover the supply, in return for payment of a fee, of computer software to a customer by electronic means where that supply is accompanied by the grant

16 Décember 2019 Action in unfair competition: Proof of fault The right to a fair trial requires that the person who assists the bailiff during the establishment of a certified bailiff’s report be independent from the applicant who, on suspecting acts of unfair competition, has applied to the President of the Tribunal de grande instance