Unfair terms between professionals: Subjection to unfair terms
The clause by which the customer’s general terms of purchase take precedence over the supplier’s terms and conditions of sale does not characterize a “subjection” of the latter, insofar as it is not established that he tried and failed to have the clause amended or deleted during the negotiations, that no further action has been taken on the proposed reservations or amendments or that he was forced to contract without any possible alternative.
CA Paris, 30 October 2019, LawLex201900001305JBJ

Sudden termination of established commercial relationship: Loss of profits
The loss arising from insufficient notice is calculated less the variable costs saved by the victim of the termination.
CA Paris, 30 October 2019, LawLex201900001299JBJ

Actions available for abuse of dependence: Pre-litigation mediation clause
The existence of a pre-litigation mediation clause in the contract between the parties does not constitute a cause for rejection of the action in sudden termination of established commercial relationship which, as a tort, is intended to govern all matters, contractual or otherwise, relative to the relations between the partners.
CA Paris, 28 October 2019, LawLex201900001293JBJ

Civil sanctions: Fault
Although Article L. 481-2 of the Commercial Code, which establishes an irrebuttable presumption of fault when a practice has been established by the Competition Authority, does not apply to facts prior to its entry into force, such a finding constitutes at least a simple presumption which must be rebutted by the defendant undertaking.
Commercial Court, Paris, 23 September 2019, LawLex201900001326JBJ

Civil sanctions: Procedure
The limitation period for a damages action in respect of competitive loss runs only from the date on which the anticompetitive practice was not only suspected but ascertained and established in fact and in law by the Competition Authority.
Commercial Court, Paris, 23 September 2019, LawLex201900001326JBJ

Civil sanctions: Procedure
The limitation period for a damages action in respect of competitive loss does not run from the date the Competition Authority issues its decision, but from the date, which may be much earlier, where the plaintiff knew or ought to have known that he had been the victim of an infringement and the extent of the loss and knew who was responsible for the practice.
Commercial Court, Paris, 1 October 2019, LawLex201900001310JBJ