COMPETITION • FRENCH LAW • PROCEDURE
When assessing the damage to the economy, the Competition Authority may use a counterfactual analysis method, which consists of examining the changes in prices that the market would have experienced in the absence of the practices in question. To be meaningful, this method must compare price variations during the period in which the practices were committed with those during a period in which it is a given that there was free and undistorted competition, such as a period during which there was a price war.
