Recent Developments in the Application of Articles 101 and 102 TFEU by French Courts

Abstract

In the French legal system, both the French national competition authority (l’Autorite de la concurrence) and the national courts apply Articles 101 and 102 TFEU. Regulation 1/2003 paved the way for a diversification of litigation and, since then, contractual disputes litigation, damages actions, interim relief proceedings, criminal or administrative sanctions proceedings are the daily reality of competition litigation in France. This chapter examines the past 5 years of developments in the application of Articles 101 and 102 TFEU by the French courts. Such developments have two purposes, in line with the mainstream evolutions at the EU level: ensuring the efficiency of Articles 101 and 102 TFEU, as well as French competition law; and making the interactions between private and public enforcement more consistent. One can question whether they achieve these goals. The author’s point of view is cautious in this regard.